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 15th 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 3rd May 2020 stand adjourned.

Additional reliefs under Trademarks

Postponement of Hearings

The Ministry of Commerce & Industries, Trademarks Registry, has issued a public notice dated 16th March 2020. Vide the said notice, all the hearings scheduled during the period 17th March 2020 to 15th 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 23rd 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 16th March 2020, has adjourned all the hearings scheduled during the period 17th March 2020 to 31st 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 19th 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 19th March 2020, has directed that all the personal hearings in the matter of Patents and Designs scheduled on or before 15th April 2020 to be changed to video conferencing hearing. However, the said public notice was updated on 25th March 2020. According to the updated notice, all the video conferencing hearing scheduled on 23rd March 2020 to 14th April 2020 has been canceled.

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Frequently Asked Questions

Common questions about COVID.

The relief announcements cover various intellectual property domains, including trademarks, patents, designs, and copyrights. Extensions and postponements of deadlines, hearings, and document submissions have been announced for these areas.

The Controller General of Patents, Designs, and Trademarks has announced that due dates for completing various activities, filing replies or documents, and paying fees will be extended to the date when the offices reopen after the lockdown.

The Ministry of Commerce & Industries, Trademarks Registry, has adjourned all trademark hearings scheduled between March 17, 2020, and April 15, 2020. The adjourned cases will be rescheduled and communicated in due course.

Applicants can file a request for an extension of time to submit documents at the Trademarks Registry. Such requests can be filed now or after the situation becomes normal, and the Registrar will consider them as per the law.

The Department of Promotion of Industry and Internal Trade (Copyright Office) has adjourned all copyright hearings scheduled between March 17, 2020, and March 31, 2020. The adjourned cases will be rescheduled and communicated later.

Any delay in transmitting or submitting documents to the Patent Office will be condoned until one month after the COVID-19 outbreak ceases to exist, as per the Controller General of Patents, Designs & Trademarks.

Initially, personal hearings for patents and designs scheduled until April 15, 2020, were to be conducted via video conferencing. However, the notice was updated, and all video conferencing hearings scheduled between March 23, 2020, and April 14, 2020, have been canceled.

Yes, the Controller General of Patents, Designs, and Trademarks has stated that applicants can file a request for an extension of time to submit documents at the Patent Office. Such requests will be considered by the Registrar as per the law.

The Controller General of Patents, Designs, and Trademarks has announced that any delay in transmitting or submitting documents to the Patent Office will be condoned until one month after the COVID-19 outbreak ends.

Yes, the relief measures announced by the Controller General of Patents, Designs, and Trademarks are applicable to all offices under their administration, including the Patent Office, Design Office, Trademark Registry, and Geographical Indication Registry.