DR. REDDYS LABORATORIES LIMITED  Vs CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARKS -Judgment by Delhi High Court

$~3 (OS)
* IN THE HIGH COURT OF DELHI AT NEW 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)

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 OFFICE
NO. OF MATTER CONDUCTED 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 considerations
Number of Oppositions scheduled
Number of Cases Settled or Disposed 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:
Month
Filing
Disposed of
October
3378
3680
November
3888
4379
December
3863
5408
Total
11,129
13467

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

2023/DHC/000076

W.P.(C)-IPD 4/2022 Page 2 of 2