Delhi HC Invites Suggestions On Fixing/Revising Royalties For FM Broadcasting Sound Recordings And Underlying Works

The Delhi High Court recently issued two public notices (dated November 10) to announce the intention of its IP Division to fix/revise the royalties for FM broadcasting of sound recordings and underlying works, as mandated under Section 31D of the Copyright Act, 1957.

In this connection, written suggestions (with evidence) have been invited from stakeholders by December 10, 2021.

Read notices here and here.

Delhi High Court Notifies Complete Resumption Of Physical Hearings

The High Court of Delhi issued an Office Order (dated October 29, 2021) directing a resumption of physical hearings in the High Court as well as in the Registrar and Joint Registrar (Judicial) courts, effective from November 22. It is noted that the courts may allow hybrid/virtual hearings upon request from the parties or their counsels. Pending routine/non-urgent matters scheduled between November 8 to 18, have been adjourned en bloc to after December 23.

Source: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_XBERM7W0QF2.PDF

CGPDTM Notifies Lifting Suspension Of Statutory Deadlines In Furtherance Of Supreme Court Order

The Office of the Controller General of Patents, Designs, & Trade Marks (CGPDTM) issued a Public Notice (dated October 3, 2021) taking cognizance of the Supreme Court’s order of September 23, 2021 which states that in computing the period of limitation the period from March 15, 2020 till October 2, 2021 shall stand excluded. As per CDPDTM’s notice , the period of limitation under all IP statutes shall be computed in accordance with the Supreme Court’s order.

Source: http://ipindia.gov.in/writereaddata/Portal/News/759_1_Public_Notice_03-10-2021.pdf 

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

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