Date : May 22, 2020
On 18th May 2020, the CGPDTM, Mumbai issued a Public Notice regarding the timeline/periods as prescribed under the IP Acts and Rules for completion of the 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. 25.03-.020 to 17.05.2020.
On 11.05.2020, in the case of IPAA & Anr v CGPDTM & Anr, the Delhi High Court said that no Court, Tribunal or any authority can act contrary to the order of the Supreme Court dated 23.03.2020 passed in exercise of its powers under Article 141 and Article 142 of the Constitution; and under Article 144 of the Constitution, all authorities whether civil or judicial, located in the territory of India are required to act in aid of the orders passed by the Supreme Court.
This has thereby, suspended the operation under the public notice dated that had been issued 04.05.2020 and ordered that the Respondents (i.e. the CGPDTM 7 Anr.) will have to act in accordance with the order of the Supreme Court dated 23.03.2020 referred to above.
On 23.03.2020 Hon’ble Supreme Court of India in the matter of Suo Motu Writ Petition (Civil) No(s). 3/2020 ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not, have been extended w.e.f. 15.03.2020 till further order/s to be passed in present proceedings.
Whereas 06.05.2020 in the same matter (Supra), the Hon’ble Supreme of India, ordered that in case the limitation has expired after 15.03.2020, then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises, shall be extended for a period of 15 days after the lifting of lockdown.
The Ministry of Home Affairs through Order No. 40-3/2020-DM-I(A) dated 17.05.2020 issued guidelines/directives for further lockdown and as per those guidelines/directives, by and large, functioning at work places has been permitted with necessary safeguards therein. All the IP offices under administrative control of O/o CGPDTM have already been functioning w.e.f. 20.04.2020.
Hence, it was ordered that the due dates, with respect to the timelines/periods prescribed under the IP Acts and Rules administered by 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 from 15.03.2020 to 17.05.2020, shall be 01.06.2020. Further, the rights of individuals or applicants seeking extension of time/condonation of delay under various provisions of the relevant Acts and Rules in respect of these applications will remain unaffected.