JOIN USDelhi HC puts on hold intellectual property rights authority notice on limitation
The Delhi High Court has put on hold the operation of a public notice issued by the intellectual property rights authority giving lawyers and litigants time till May 18 to complete documentation process in cases before it.
Justice Rajiv Shakdher, while putting on hold the May 4 public notice of Controller General of Patents, Designs and Trademarks (CGPDTM), said the Supreme Court had in its March 23 order directed that limitation period in all cases would stand extended until further orders with effect from March 15.
The judge said no court, tribunal or any authority can act contrary to the order of the Supreme Court.
The CGPDTM, in its May 4 notice, had said that the period of limitation would begin form March 25 when lockdown was imposed and would end on May 17, unless its extended further.
The Intellectual Property Attorneys Association (IPAA), represented by senior advocate Chander M Lall and advocate Archana Sahadeva, challenged the notice saying it's contrary to the apex court's order.
They also contended that the notice puts an "onerous burden" on litigants and lawyers as it would be difficult for them to access their files and ensure filings and completion of documentation on May 18 as the lockdown will be lifted only on May 17.
Agreeing with IPAA, the court said all authorities, whether civil or judicial, located in India are required to act in aid of orders of the Supreme Court.
"Therefore, IPAA is right that the protection against limitation being triggered should commence from March 15 and not March 25 as indicated in the public notice dated May 4," the court said.
It also agreed with IPAA that CGPDTM should not have set such a short deadline to complete documentation process.
"Therefore, for the moment, the best course forward would be to suspend the operation of the public notice dated May 4. It is ordered accordingly," the court said.