Dr. Reddys Laboratories Limited v. Controller General of Patents Designs and Trademarks
Delhi High Court·05 Jan 2023·2023:DHC:76
Prathiba M. Singh
W.P.(C)-IPD 4/2022
2023:DHC:76
intellectual_propertyotherProcedural
AI Summary
The Delhi High Court directed the CGPDTM to enhance hearing capacity and regularly report on pendency to ensure timely disposal of trademark opposition matters.
Full Text
Translation output
2023/DHC/000076 W.P.(C)-IPD 4/2022 HIGH COURT OF DELHI Date of Decision: 5th January, 2023 W.P.(C)-IPD 4/2022 DR. REDDYS LABORATORIES LIMITED ..... Petitioner Through: Mr. Ranjan Narula, Advocate.
VERSUS
CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS ..... Respondent Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates. (M:9810788606)
CORAM:
JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
REVIEW PET. 102/2022
2. A fresh status report has been placed on record by Mr. 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 NO. OF MATTER CONDUCTED OFFICE 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 Number of Number of Cases considerations Oppositions Settled or Disposed scheduled 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:
3,124 characters total
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.
PRATHIBA M. SINGH, J. JANUARY 5, 2023/dk/am
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