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Deadlines For Time-Bound IP Filings In India Deferred by Indian IP Office

At the end of the day, by the Recent Notice, the Respondent has finally granted the clarity on the timeline for IP Filings in India which is a much-needed relief to stakeholders across the globe.

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Deadlines For Time-Bound IP Filings In India Deferred by Indian IP Office

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  1. Deadlines For Time-Bound IP Filings In India Deferred by Indian IP Office The Controller General of Patents, Designs, and ​TradeMark Registration​, on 19 June 2020, issued a Public Notice to the effect. It stated that the deadlines for various acts or proceedings, filing of any reply or document, and payment of fees, etc relating to any intellectual property matter (IP Filings) falling due after 15 March 2020 shall be the date as decided or ordered by Court. Image Courtesy: ​Google The background of the story In the wake of the prevailing COVID-19 pandemic, the Hon'ble Supreme Court in a Suo Moto Writ Petition (Civil) No 3/2020 exercised its jurisdiction under Articles 141 and 142 of the Constitution of India. Along with that, passed an order on 23 March 2020 (SC Order) guiding extension of the period of limitation in all legal proceedings, irrespective of the limitation prescribed under the general law or any of the special laws whether it is condonable or not from 15 March 2020 until further orders are given. Subsequently, the Respondent had issued Public Notices on 25 March 2020, 15 April 2020, and 4 May 2020 with fixing the deadline for IP Filings as 15 April 2020, 4 May 2020, and 18 May 2020 respectively. These were the Public

  2. Notices that were challenged before the Delhi High Court (Court) in the matter of Intellectual Property Attorneys Association & Anr v Controller General of Patents, Designs and TradeMarks, and Anr, W.P.(C) No 3059/2020 (Writ Petition). At the same time, the Court had passed an order on 11 May 2020 suspending the operation of the said Public Notices. After that, the Respondent had issued another Public Notice on 18 May 2020 with fixing the deadlines for IP Filings that are falling due between 15 March 2020 to 17 May 2020 as 1 June 2020. The 18 May 2020 Notice was again challenged in the Writ Petition and the Court vide order on 21 May 2020 (Further Order) again stayed the operation of the 18 May 2020 Notice along with fixing the matter for further proceedings on 17 June 2020. And the above proceedings were covered in our earlier Ergos on 13 May 2020 and 27 May 2020. Image Courtesy: ​Google What are the latest developments? On 17 June 2020, the Court stated that they had extended the operation of the Further Order and at the same time fixed the Writ Petition for further hearing on 30 July 2020. The Court further guided the Respondent to issue proper notification immediately. In compliance with that, the Respondent has issued the Recent Notice with withdrawing its 18 May 2020 Notice along with notifying that the deadlines for IP Filings falling due after 15 March 2020 will be the date as decided by the Court.

  3. Key takeaways At the end of the day, by the Recent Notice, the Respondent has finally granted the clarity on the timeline for IP Filings in India which is a much-needed relief to stakeholders across the globe. And as of now, all the deadlines for IP Filings that are falling due after 15 March 2020 will remain suspended until the date decided by the Supreme Court and the Court. Further developments are being monitored in the Writ Petition as well as the proceedings before the Supreme Court too and shall also share further updates. The Indian IP Office at the end finally defers Deadlines For Time-Bound IP Filings in India. This is something very important that you need to know regarding the law. If tomorrow, you get into any such kind of claims, then all you will need is the guidance of a reliable attorney. And, 4A IP Solutions assure you ‘The Right Lawyers’ for all sorts of your claims or petitions. We are here to offer you a powerful team of experienced attorneys that make all the Intellectual Property Legal Solutions promising you the right path at every step. We’re uniquely located in 6 cities of India to help you bring out of any of the deals. Give us a chance to become the ​best corporate lawyers in India for you and you’ll proudly say that you chose the best.

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