Delhi High Court has suspended the operation of the May 04 order of the Controller General of Patents, Designs and Trademarks, which had directed litigants and advocates to complete various acts/proceedings, filing of any reply/document, payment of fees, etcetera in the matter of any intellectual property applications/actions by 18.05.2020.
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:
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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