Shamnad Basheer vs Union Of India & Ors
2018 Latest Caselaw 2542 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+             W.P.(C) 5590/2015 & CM No.10090/2018

%                              Date of decision : 23rd April, 2018

SHAMNAD BASHEER                                    ..... Petitioner
                          Through :    Mr. Abhimanyu Bhandari and
                                       Mr. N. Sai Vinod, Advs.

                          versus

UNION OF INDIA & ORS                              ..... Respondents
                   Through :           Mr. Amit Mahajan, CGSC for
                                       R-1/UOI
                                       Mr. Rajiv Nayyar, Sr. Adv.with
                                       Mrs. Saya Chaudhary, Mr.
                                       Ashutosh Kumar, Mr. Prateek
                                       Sehrawat, Mr. A. Joyaraj and Mr.
                                       Devanshu Khanna, Advs. for
                                       Intervenor-Ericsson
                                       Mr. Rajiv Kr. Choudhry, Adv.
                                       for Intervenor-TEMA
                                       Ms. Pritha Srikumar Iyer and Mr.
                                       Nishanth Kadur, Advs. for R-4

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                     JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition is concerned with issues relating to the working of patents under the Patents Act, 1970. It appears that concerned with

the several issues relating to Section 146 of the Patents Act, 1970 (as amended) read with Rule 131 of Patents Rules, 2003; Form 27 prescribed therein and the implementation of the provisions provided under Section 122, the office of the Controller General of Patents, Designs and Trademarks has initiated an exercise of examination of these provisions from the perspective as to whether changes/amendments thereto need to be effected.

2. In this regard, a stakeholder consultation meeting was scheduled to be held on 21st March, 2018. We are informed that pursuant thereto, a stakeholder consultation has actually been held at Delhi on 6th April, 2018.

3. By our order dated 15th March, 2018, we had directed the respondent no.1 to place before this court a reasonable timeline within which the consultation would be completed, suggestions received, examined and such amendments as may be deemed necessary, effected to the Patents Act, 1970 and Rules thereunder. Pursuant to our directions, respondent no.1 has filed an affidavit dated 20 th April, 2018 by Dr. Suman Shrey Singh, Deputy Controller of Patents & Designs in the Patents Office, Delhi, who is also personally present in court.

4. We have been taken through this affidavit by Mr. Amit Mahajan, learned Standing Counsel for the Central Government. Alongwith this affidavit, the respondents have placed the following timelines for consideration of the matter and to effect such changes as may be necessary in the provisions of the Patents Act and the Rules :

"3. Accordingly, the following sequential timelines to complete all the actions to be taken by the office of CGPDTM/Ministry related to this matter are submitted.

         SL. Action be   the            Office       of Likely   time
         No. CGPDTM/DIPP                                required
         1.     Stakeholders' suggestions received      Before    23-3-

2. Stakeholders' suggestions/comments 02-04-2018 published in the IPO website prior to the Meeting

3. Stakeholder consultation meeting 06-04-2018 held at Delhi

4. Receiving further suggestions and 1 month study of international practices regarding working of patents

5. Preparation of Draft of Amendments 1 month to the existing Rule 31 of Patent rule/Form 27 by CGPDTM to the Ministry

6. Approval by Competent Authority to 1 month the draft amendment to Rules/Form

7. Gazette Notification of Draft 2 Months amendment to Rules/Form 27

8. Receiving comments/suggestions from Stakeholders and consultation meeting on Draft amendment Rules/Form on Draft amendment Rules/Form 27

9. Final Draft of the amended 1 Month Rules/Form 27 to be submitted to competent Authority

10. Vetting of the amended Rules/Form 2 Months 27 by Law Ministry and inter- ministerial consultation

11. Competent Authority approval and 1 Month Gazette notification of a mended rules/Form 27

12. Unforeseen delay, if any 2 Months

5. As noted above, the steps till serial no. 3 i.e. the stakeholder consultation meeting held on 6th April, 2018 stand completed.

6. We accept the timelines suggested by the respondent no.1 who shall remain bound by the same. Every effort shall be made to ensure that there is no deviation and the matter is treated in right earnest and given the seriousness which it deserves to be accorded to it.

7. The respondents shall place a report before this court upon completion of the aforesaid noticed exercise.

8. In view of the above, this writ petition and application which sought the strict implementation of the law need not detain this court any further and are hereby disposed of.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J APRIL 23, 2018/kr