Recent Surge In Covid-19 Cases Results In Suspension Of Deadline For Time-Bound Ip Filings In India

• Published date: 05 May 2021
• Subject Matter: Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Trials & Appeals & Compensation, Litigation, Contracts and Force Majeure
• Law Firm: Khaitan & Co
• Author: Ms Smriti Yadav and Shwetank Tripathi

The recent rise in the COVID-19 cases in India led the Hon'ble Supreme Court of India (Supreme Court) to pass another order dated 27 April 2021 (SC Order) in Suo Moto Writ Petition (Civil) No 3/2020 (SC Matter), restoring its earlier order dated 23 March 2020 (Earlier SC Order). Last year in March 2020, Supreme Court vide Earlier SC Order had extended the period of limitation in all legal proceedings, whether condonable or not, with effect from 15 March 2020 till further orders.

In view of the SC Order, the deadlines for various acts/proceedings, filing of any reply/document, payment of fees, etc. relating to any intellectual property matter (IP Filings) falling due on or after 15 March 2020 are once again suspended until further orders by the Supreme Court.

Background

In light of the COVID-19 pandemic, in March 2020, the Supreme Court had exercised its jurisdiction under Articles 141 and 142 of the Constitution of India and had passed the Earlier SC Order directing extension of the period of limitation in all legal proceedings. The Earlier SC Order was extended from time to time. After initial aversion, the Controller General of Patents, Designs and Trade Marks (IP Office) had suspended all deadlines for IP Filings.

On 8 March 2021, considering the situation was returning to normalcy, Supreme Court ended the extension of limitation period with effect from 14 March 2021 and issued guidelines in that regard. The IP Office, in consonance with the Supreme Court's order dated 8 March 2021, issued a notification dated 24 March 2021 resuming the deadlines for IP...