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C. HARI SHANKAR
ITC Limited – Appellant
Versus
Philip Morris Products S. A. – Respondent
ORDER (Oral)
1. After some hearing, both sides are agreeable to a disposal of this appeal.
2. Having heard learned Counsel for both sides, this Court had expressed an opinion that the impugned order does not satisfactorily answer all the submissions advanced by the appellant in his (i) Written Statement of Opposition dated 4th September 2020, (ii) reply under Rule 59 of the Patents Rules, 2003 and the documents filed therewith on 1st March 2021 and (iii) his written submissions filed before the learned Controller.
3. The respondents are agreeable, in order not to protract the proceedings, to the impugned order being set aside and the matter remanded to a competent officer in the Office of the Controller General of Patents to de novo hear and decide the appellant's objections. Needless to say, the officer dealing with the matter is required to deal with each submission advanced by the appellant in the aforesaid Notice of Opposition, Rule 59 reply and written submissions, one way or the other.
4. This Court is not expressing any opinion on the merits of the contentions of either side.
5. Both sides shall be given an opportunity to personally present themselves before the officer
The court emphasized the importance of addressing each submission advanced by the appellant and giving both sides an opportunity to personally present themselves before the officer in the remanded de....
The need for strict adherence to the provisions of the Patents Act in passing orders on patent applications.
Proper application of mind and compliance with quasi-judicial functions are essential in patent-related decisions.
A patent adjudication must be supported by a reasoned order to ensure fairness and facilitate judicial review.
Patents Act requires adherence to procedures in post-grant oppositions, emphasizing natural justice and timely resolutions to prevent delays in patent adjudication.
The court affirmed that rejection of a patent application must adhere to principles of natural justice, including proper examination and opportunity to respond, underscoring the importance of procedu....
The court emphasized the procedural requirements for challenging administrative decisions, reinforcing the need for proper compliance with prior orders.
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