Allowed

Versuni India Home Solutions Limited v. the Controller of Parents and Designs

Madras HC19 Oct 2024WP(IPD)/21/2024

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus to direct the Patent Office to expedite post-grant opposition and design cancellation proceedings. The third respondent raised no objection. The Court allowed the petition, directing the Patent Office to dispose of the applications within twelve weeks after providing a personal hearing.

What did the court decide?

Mandamus directing respondents to expedite disposal of post-grant opposition and design cancellation applications within twelve weeks.

Versuni India Home Solutions Limited Vs the Controller… — Intellectual Property | Madras HC (2024)

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W.P.(IPD).No.21 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM

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DATED : 19.10.2024

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.P.(IPD).No.21 of 2024

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Versuni India Home Solutions Limited

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Office at Futura Tech Park, Q4, 4^th Floor, Block B, 334, Rajiv Gandhi Salai, Sholinganallur, Chennai – 600 119

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… Petitioner

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1.The Controller of Patents & Designs Designs Wing Bouddhik Sampada Bhawan, Block CP-2, Sector-V, Salt Lake City, Kolkata 700091

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2.The Controller of Patents & Designs Patent Office Intellectual Property Building, GST Road, Guindy,

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Chennai – 600 032.

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3.Maya Appliances Private Limited, Having its registered office at 10/5, Royal Enclave, Besant Avenue, Adyar, Chennai – 600 020 and having office at 3/140 IT Highway, Oggiyam Thoraipakkam Chennai – 600 097. … Respondents

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PRAYER:- This Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus

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a) to direct to expedite in a defined time frame the post-grant https://www.mhc.tn.gov.in/judis opposition proceedings filed by the petitioner pending before respondent

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Page No. 1 of 5

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W.P.(IPD).No.21 of 2024

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No.2 in consolidation with the pending suit before this Court

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b) to direct to expedite in a defined time frame the design cancellation filed by the petitioner pending before respondent No.1 in consolidation with the pending suit before this Court.

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For Petitioner :- Mr.K.Premchandar

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For Respondents : Mr.S.N.Parthasarathi for RR1&2 SCGSC

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Mr.Arun C.Mohan for R3

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ORDER

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The prayer sought for in the Writ Petition is for Mandamus to the first

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and second respondent to expedite the application filed by the petitioner for

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post-grant opposition proceedings and also for cancellation of the design.

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Heard Mr.K.Premchandar, learned counsel appearing for the petitioner and Mr.S.N.Parthasarathi learned Central Government Standing Counsel, Senior Panel appearing for the first and second respondents and Mr.Arun C.Mohan, learned counsel appearing for the third respondent.

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The learned counsel for the third respondent would have no objection for this Court to grant Mandamus without going into the merits of the case and also would seek opportunity of personal hearing before any order is passed.

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https://www.mhc.tn.gov.in/judis

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Page No. 2 of 5

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W.P.(IPD).No.21 of 2024

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Considering the limited prayer sought for in this Writ Petition, I am

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inclined to allow this Writ Petition as prayed for by granting the Mandamus directing the first and second respondent to expedite to dispose of the application filed for post grant proceedings and for design cancellation by the petitioner respectively within a period of twelve weeks from the date of receipt of a copy of this order.

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It is made clear that the first and second respondents shall give an opportunity of personal hearing to the petitioner and the third respondent before passing order.

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In fine, this Writ Petition is allowed. However, there shall be no orders as to costs.

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19.10.2024

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Gba

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Index : Yes/ No Speaking Order/ Non-speaking Order

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Copy to:

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1.The Controller of Patents & Designs Designs Wing Bouddhik Sampada Bhawan, https://www.mhc.tn.gov.in/judis Block CP-2, Sector-V, Salt Lake City,

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Page No. 3 of 5

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W.P.(IPD).No.21 of 2024

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Kolkata 700091

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2.The Controller of Patents & Designs Patent Office Intellectual Property Building, GST Road, Guindy, Chennai – 600 032.

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K.KUMARESH BABU,J.

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GBA

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W.P.(IPD).No.21 of 2024

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https://www.mhc.tn.gov.in/judis

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Page No. 4 of 5

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W.P.(IPD).No.21 of 2024

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19.10.2024.

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https://www.mhc.tn.gov.in/judis

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Page No. 5 of 5

Versuni India Home Solutions Limited v. the Controller of Parents and Designs

Case brief

What is this about?

What did the court decide?

Versuni India Home Solutions Limited v. the Controller of Parents and Designs

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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