Last updated: November 17th, 2020 1:02 PM

COVID-19 Reliefs for Intellectual Property Law

The present article highlights various relief announcements under the Intellectual Property Law on account of the COVID-19 outbreak for the trademark, patent, and design.

Extension of time limit for filing of any document, reply, and others

The Controller General of Patent, Design, and Trademarks, vide public notice dated 25^th March 2020 (read with corrigendum dated 15^th April 2020) has stated as under:

• All the offices under the administration of the Controller General of Patent, Design, and Trademarks (i.e., Patent office; Design office; Trademark Registry and Geographical Indication Registry) shall remain closed.
• Accordingly, the due dates of the following shall be the date on which the above offices will re-open-
  • Completion of various activities;
  • Filing of any reply or document;
  • Payment of fees.
• All the hearings scheduled till the 3^rd May 2020 stand adjourned.

Additional reliefs under Trademarks

Postponement of Hearings

• The Ministry of Commerce & Industries, Trademarks Registry, has issued a public notice dated 16^th March 2020. Vide the said notice, all the hearings scheduled during the period 17^th March 2020 to 15^th April 2020, concerning the trademark matters, has been adjourned. The adjourned cases will be rescheduled in due course of time.

Submission of documents at Trademarks Registry

• With regard to submission of documents, the Controller General of Patent, Design, and Trademarks has issued a public notice dated 23^rd March 2020. Vide the said notice, the applicant has been permitted to file a request for extension of time for submitting documents.
• Such a request filed for an extension can be filed by the applicant now or after the situation becomes normal.
• Such an extension request would be considered by the Registrar in accordance with the law.

Additional Reliefs under Copyrights

Postponement of Hearings The Department of Promotion of Industry and Internal Trades (Copyright Office), vide public notice dated 16^th March 2020, has adjourned all the hearings scheduled during the period 17^th March 2020 to 31^st March 2020, concerning the copyright matters. The adjourned cases will be rescheduled in due course of time.

Additional Reliefs under Patent

Submission of responses or documents under various proceedings The Controller General Patents, Designs & Trademarks, vide public notice dated 19^th March 2020, has declaration with regard to condonation/ extension of timeline for filing of documents/ responses under various proceedings under the Patent Act. As per the declaration, any delay in transmitting or submitting the documents to the Patent Office shall be condoned till one month from the date when the COVID-19 outbreak finishes to exist. Postponement of Hearings The Controller General Patents, Designs & Trademarks, vide public notice dated 19^th March 2020, has directed that all the personal hearings in the matter of Patents and Designs scheduled on or before 15^th April 2020 to be changed to video conferencing hearing. However, the said public notice was updated on 25^th March 2020. According to the updated notice, all the video conferencing hearing scheduled on 23^rd March 2020 to 14^th April 2020 has been canceled.