Supreme Court Passes Order Recalling Sou Motu Extension Of Limitation Period

The Supreme Court has vide its Order dated September 23, 2021 effectively recalled its suo moto order dated April 27, 2021, by which it had further extended indefinitely the limitation period in India.  It is noted that in computing the period of limitation the period from March 15, 2020 till October 2, 2021 shall stand excluded. The order is effective from October 3, 2021 and a period of 90 days grace will be provided.

The detailed order is available at: https://main.sci.gov.in/supremecourt/2021/10651/10651_2021_31_301_30354_Order_23-Sep-2021.pdf

Patents (Amendment) Rules 2021 Notified

The Patents (Amendment) Rules, 2021 have been notified on September 21, 2021 by the Department for Promotion of Industry and Internal Trade under the ministry of commerce and industry. One of the major changes brought is that the educational institutions are now eligible for significant reduction in various fees payable to the Indian Patent Office.

Source: https://dpiit.gov.in/sites/default/files/Patents_Amendment_Rules_22September2021.pdf

Suo Moto Extension Of Limitation Period To Be Recalled With Effect from October 1

It has been reported that with effect October 1, 2021, the Supreme Court will be recalling its suo moto order dated April 27, 2021, by which it had further extended the limitation period for filing of cases in light of the second Covid wave in India. The Court also indicated a 90-day buffer period would be given. The detailed Court Order setting out the terms and conditions is awaited.

Source: https://www.livelaw.in/top-stories/supreme-court-recalls-suo-motu-limitation-extension-october-1-182251

Delhi High Court May Resume Physical Hearings On Experimental Basis

The Delhi High Court recently announced (vide an office order) possibility of resumption of physical hearings in a restricted manner from August 16, on an experimental basis, subject to the pandemic situation. Further, virtual hearings are to continue for all urgent matters until August 13, 2021. All other pending routine/non-urgent matters listed before this Court between July 26, 2021 – August 13, 2021 stand adjourned en bloc, as per the schedule in the order.

The order be accessed here.

Intellectual Property Division Created Within Delhi High Court

The Delhi High Court has on July 7 created the Intellectual Property Division (“IPD”). The IPD will deal with original and appellate proceedings including writ petitions etc. for all Intellectual Property (“IP”) matters, except those to be dealt with by a Division Bench.  

All IP suits, revocation applications, cancellation applications, appeals from Registrar of Trade Marks, Copyright, Controller of Patents etc. which were earlier maintainable before the (now abolished) Intellectual Property Appellate Board will also be handled by the IPD.

Nomenclature and the court fees payable for the disputes to be handled by the IPD has also been notified.

Office orders in this regard are accessible here and here.

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