Delhi HC Suspends The May 04 Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By May 18 [Read Order]

The Single Bench of Justice Rajiv Shakdher noted that the Controller General had given a very small window in terms of timeframe to file the requisite documents and fees.

The disputed order of the CGPDT had stipulated the following:

1. "Whereas this office has issued Public Notices regarding the timelines/periods as prescribed under the IP Acts AND Rules administered by the O/o CGPDTM towards completion of various acts/proceedings, filing of reply/document, payment of fees, etc. in the matters of any IP applications, falling due between the lockdown period, i.e. 25th March, 2020 to 3rd May, 2020, in accordance with section 10 of the General Clauses Act, 1897.
2. Whereas, the lockdown period has been extended to further period of two weeks, i.e. till 17th May, 2020 by GoI, MHA ORDER dated 1st May, 2020. Even though as per guidelines annexed with the order of MHA, the IP Offices are functional (with reduced strength), substantive limitations/restrictions on the movement of public and functioning of private offices in the Red Zones (Hotspots), are still in place.
3. Therefore, considering the fact that all the IP offices in India are located in Red Zones (Hotspots), the due dates, with respect to timelines/periods prescribed under the IP Acts and Rules administered by the O/o CGPDTM towards completion of various acts/proceedings, filing of any reply/document, payment of fees, etc. in the matters of any IP applications filed with the offices under the administrative control of O/o CGPDTM, falling due between the above said lockdown period shall be 18th May, 2020.

Challenging the said order, Senior Advocate Chander M Lall that the said order is contrary to the order passed by the Supreme Court in a suo moto matter titled RE: COGNIZANCE FOR EXTENSION OF LIMITATION, as much as protection against

triggering of the period of limitation both under general and special laws,whether condonable or not, is to kick in from 15.03.2020 and not from 25.03.2020 as is the stand taken by the CGPDTM.

While claiming that the said deadline imposes onerous burden both on the litigants as well as their advocates, Mr Lall further argued that it would be difficult for the litigants and the advocates to access their files and ensure that the filings as per prescribed procedure are made on 18.05.2020, when the lockdown itself, as it stands today, will get lifted only on 17.05.2020.

While taking these arguments into consideration, the court highlighted that no Court, Tribunal or any authority can act contrary to the order of the Supreme Court dated 23.03.2020 as the same has been passed by the apex court while exercising its powers under Articles 141 and 142 of the Constitution.

Therefore, while suspending the operation of the order dated May 04, the court directed CGPDTM to function as per the directions issued by the Supreme Court in its order dated March 23.

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