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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Dr. Reddys Laboratories Limited - Appellant
Versus
Controller General of Patents Designs and Trademarks - Respondent
W.P.(C)-IPD 4 of 2022
Decided On : 05-01-2023
| Table of Content |
|---|
| 1. progress in opposition hearing procedures and statistics. (Para 2) |
| 2. court's observations on the progress and hiring of hearing officers. (Para 3 , 4) |
| 3. next hearing date set for monitoring progress. (Para 5) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
REVIEW PET. 102/2022
2. A fresh status report has been placed on record by Harish. V.Shankar ld. CGSC appearing on behalf of the Controller General of Patents Designs and Trademarks (CGPDTM). The said status report consists of data relating to opposition proceedings for the months of October, November and December in 2022. As per the said status report, the number of officials for hearing opposition matters has been increased and the data, also shows a marginal decrease in the pendency of opposition matters. The relevant extract of the status report is set out below:
"5. On the above-mentioned aspects, the relevant data are given hereinbelow:
A. No. of officials started hearing the opposition Matters:
| BRACH OFFICE | NUMBER OF HEARING OFFICERS STARTED HEARING OPPOSITIONS MATTERS |
| AHMEDABAD | 10 |
| CHENNAI | 08 |
| DELHI | 14 |
| KOLKATA | 04 |
| MUMBAI | 11 |
B. No. of hearing in oppositions matters which have been conducted on daily basis in each trademark office of Chennai, Mumbai, Delhi, Kolkata and Ahmedabad:
| BRACH OFFICE | NO. OF MATTER CONDUCTED HEARING OF DAILY BASIS (ON AN AVERAGE) |
| AHMEDABAD | 55-65 |
| CHENNAI | 70 (approx.) |
| DELHI | 110-115 |
| KOLKATA | 35-40 |
| MUMBAI | 70-80 |
C. The number of oppositions that have been taken up for hearing and either been settled or have been disposed of since October 2022:
| Period of considerations | Number of Oppositions scheduled | Number of Cases Settled or Disposed of |
| October 2022 | 4332 | 3680 |
| November 2022 | 5374 | 4379 |
| December 2022 | 4928 | 5408 |
| Total: | 14634 | 13467 |
D. Latest Pendency figures in oppositions proceedings with a breakup of pendency in each jurisdiction as on 31.12.2022:
| S. NO. | JURISDICTION | NO. OF APPLICATIONS |
| 1. | AHMEDABAD | 35009 |
| 2. | CHENNAI | 37423 |
| 3. | DELHI | 89775 |
| 4. | KOLKATA | 17009 |
| 5. | MUMBAI | 59735 |
| Grand Total: | 238951 |
E. Cumulative filing and disposal for all branches in the last three months:
| Month | Filing | Disposed of |
| October | 3378 | 3680 |
| November | 3888 | 4379 |
| December | 3863 | 5408 |
| Total | 11,129 | 13467 |
6. In order to reduce the opposition pendency, the Office of CGPDTM is in the process of hiring 250 contractual opposition hearing officers exclusively to address the opposition pendency."
3. Considering the data submitted above, it appears that some progress has been made in increasing hearing in the opposition matters. Further, it has also been stated in the said status report that the CGPDTM is intending to hire 250 contractual opposition hearing officers.
4. In view of the above, let the status of the engagement of hearing officers be placed on record by the next date of hearing along with the latest data in respect of pendency of the opposition matters.
5. List on 21st April, 2023.
The court recognizes the progress made in opposition hearings and underscores the necessity of increasing staffing to address backlog effectively.
The CGPDTM must maintain clear communication and adhere to procedural fairness while processing trademark oppositions, especially regarding limitation extensions during the pandemic.
Patents Act requires adherence to procedures in post-grant oppositions, emphasizing natural justice and timely resolutions to prevent delays in patent adjudication.
The court highlighted the importance of timely adjudication in patent opposition proceedings and mandated adherence to procedural timelines.
The court mandates improvements in tribunal infrastructure and timely appointments to facilitate effective case management, emphasizing the importance of operational efficiency.
Workers' rights must be protected, especially during contractual transitions, and timely adjudication of claims in labor disputes is critical, particularly in pandemic conditions.
The central legal point established in the judgment is the legal position regarding steps that could be taken against non-compliant Domain Name Registrars and the challenges faced by law enforcement ....
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