Can License Be Cancelled For BIS Standard Mark's Use 'Outside Scope' When Fresh License Standards Were Not Prescribed? Delhi HC To Consider

Update: 2023-12-03 07:59 GMT
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The Delhi High Court on Friday issued notice in a petition which raised the question as to whether a BIS Certification Marks License can be cancelled on the ground that licensee used the mark without conforming to the license's scope, even though fresh standards for the license had not been laid down. The petitioners/Zeng Hsing Industrial Company Limited had approached...

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The Delhi High Court on Friday issued notice in a petition which raised the question as to whether a BIS Certification Marks License can be cancelled on the ground that licensee used the mark without conforming to the license's scope, even though fresh standards for the license had not been laid down.

The petitioners/Zeng Hsing Industrial Company Limited had approached the court assailing a Cancellation Notice issued by respondent No.1/Bureau of Indian Standards in respect of BIS Certification Marks License granted to them for use of BIS Standard Mark on a product (Household Zig-Zag Sewing Machine Head).

It was stated that the license, which was granted in 2018, was cancelled on the ground of violation of Regulation 6(4) of BIS (Conformity Assessment) Regulations, 2018.

The said provision stipulates that a licensee shall not use the Standard Mark in relation to goods, articles, process, system or service which are non–conforming or outside the scope of the license.

On perusal of the material on record, Justice Subramonium Prasad noted that the standards for the product were set to be revised. In fact, a meeting was held in January, 2023. However, the standards had not yet been prescribed.

Considering that the petitioner's license had been cancelled with retrospective effect, the court issued notice to the respondents.

The matter is listed for consideration on stay on December 15, 2023.

Counsels for petitioners: Senior Advocate Rajshekhar Rao with Advocates Sameer Jain, Suvigya Awasthy, Rohan Gulati and Yamini Mookherjee

Counsels for respondents: Advocates Anil Kaushik, Rajat Rana and Anju Kaushik for respondent No.1; Advocates Piyush Beriwal and Vedansh Anand

Case Title: Zeng Hsing Industrial Company Limited & Anr. v. Bureau of Indian Standards BIS, Ministry of Consumer Affairs, Food and Public Distribution, Government of India & Anr., W.P.(C) 15407/2023

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