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Updates from IP offices in India during COVID-19

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    COVID-19 has toppled the entire world. Offices across countries and closed. Many countries, including India, are in lockdown. Social distancing has put a stop to all regular activities. In such times, IP offices in India also have taken special measures. This is because industries have slowed down but innovations and manufacturing of certain items are still happening. Rahul Dev’s team takes a look at the updates from the Indian IP Offices to see what has changed in the pandemic.

    One of the biggest contenders in this argument is the manufacture of PPE units. It is important in a pandemic, and is required in huge numbers. This means that there might be manufacturers who do not have the license to manufacture these PPE, but might have to do it as it is a health requirement. In such a crisis situation, countries are adopting Compulsory Licensing of Patents. Compulsory licenses are authorizations by a sovereign state that allow a third party to manufacture, use, sell and/or distribute a product which has been patented, without obtaining consent or explicit permission/license of the patent owner. India also has issued the same.

    The Indian IP office has issued a notice confirming that the due date for “all deadlines falling during the lockdown period (15 March until 17 May 2020) are extended until 1 June 2020. According to law firm Remfry & Sagar, the move “effectively grants a buffer period of two weeks to attend to all such matters”. The firm further added that all deadlines on or after 18 May 2020 will have to be met in a timely manner, the firm adds.

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    Another update from the office of CGPDTM, Mumbai Govt. of India PUBLIC NOTICE Dated 15th April, 2020. “Further to Public Notice (Corrigendum) dated 25th March 2020 and in compliance to the ORDER No. 40-3/2020-DM-I(A) dated 14th April, 2020 of Ministry of Home Affairs, Govt. of India, all the Offices under administrative control of O/o CGPDTM shall not be physically accessible to public (in person) for a further period up to 03rd May 2020 with effect from 15.04.2020. In view of the above, the relaxation notified in the Public Notice shall also be extended accordingly. All the hearings scheduled up to 03rd May 2020 also stand adjourned with fresh hearing dates to be notified thereafter. Note: e-filing services of the offices under the CGPDTM shall remain un-affected and would be available 24×7.”

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