Lawstreet Journal

‘In computing period of of limitation for any suit, the period from 15.03.2020 till 02.10.2021 shall stand excluded’: Controller General of Patents, Designs & Trademarks reiterates SC order via public notice [READ NOTICE]

Lawstreet Journal 13 Oct 2021 1:16am

Image courtesy: Lawstreet Journal Executive ‘In computing period of of limitation for any suit, the period from 15.03.2020 till 02.10.2021 shall stand excluded’: Controller General of Patents, Designs & Trademarks reiterates SC order via public notice [READ NOTICE]

The Controller General of Patents, Designs & Trademarks for the Office of CGPDTM, Mumbai, recently observed via public notice the Supreme Court’s order regarding the computation of the period of limitation for suits which stated that ‘in computing period of limitation for any suit, the period from 15.03.2020 till 02.10.2021 shall stand excluded’.

The Apex Court had previously extended the period of limitation prescribed under the general law or special laws with effect from 15 March 2020 till further orders. However, it later made specific observations and noted that only the period from 15 March 2020 till 2 October 2021 shall stand excluded and consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.

The above observations were made while hearing an application by the Supreme Court Advocates on Record Association (SCAORA) demanding for the dated 23 March 2020 to be restored. An order to that effect was passed 23 September 2021.

Background:

The Apex Court, in the matter of Suo Motu Writ Petition (Civil) No. 3 of 2020 had previously extended the period of limitation prescribed under the general law or special laws with effect from 15 March 2020 via an order dated 23 March 2020. 

Keeping in mind the situation arising on account of Covid-19 and the resultant difficulties that may be faced by litigants across the country in filing their petitions and suits within the period of limitation the court had noted that a period of limitation… Continue Reading...


Tagged: Intellectual Property Law  
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