SupremeCourt

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Friday, October 12, 2012

Karnataka High Court quashes Controller General’s order barring 'Overseas Indian Citizen' from practising as patent agent

Posted on 4:58 PM by Unknown
In an order dated the 25th of September, 2012 the High Court of Karnataka, situated at Bangalore passed a writ quashing an order of the Controller General of Patents, dated 22nd of February, 2012 which had ordered the removal of an erstwhile patent agent – Naren Thappeta from the Register of Patents, thereby barring him from practising as a patent agent under the Patents Act, 1970. The order can be accessed over here. 

The petitioner was an Indian citizen at the time that he got himself registered as a patent agent but subsequently became a U.S. Citizen. However under the government’s Overseas Indian Citizenship (OCI) program, as implemented by recent amendments to the Citizenship Act, 1970 foreign citizens of Indian origin do enjoy certain fundamental rights on par with Indians. Subsequent notifications by the Govt. of India expand on the exact nature of such rights. The petitioner was one such person who had cancelled his Indian passport after acquiring an American passport on 17th March, 2004 and subsequently registered as an OCI on 30th of March, 2006. Acting on a complaint, the Controller General ordered the petitioner to be removed from the register of patent agent on the grounds that he was no longer a citizen of India. The petitioner subsequently challenged the order. 

Scrutinizing the grounds for registration and removal of patent agents, the Court noted that the petitioner was an Indian citizen at the time he registered as a patent agent and that the only relevant ground on which he could be removed from the patent register, as per Section 130 of the Patent Act, 1970, was if he had secured his initial registration by supplying false information or suppression of vital information. 

Scrutinizing citizenship law on the point, the Court also makes a prima facie determination that the petitioner was justified in contending that he is entitled to practice as a patent agent. Since it appeared to the Court that most of the material produced before the Court was not produced and subsequently considered by the Controller-General, the Court quashed the Order of the Controller-General and gave the Controller-General the liberty to conduct a fresh hearing to determine whether the petitioner was entitled to continue being on the Register of Patent Agents.
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in Controller's decisions, patent agent | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • IPAB on Payyannur Ring
    [*S lightly long post] Background: The Intellectual Property Appellate Board (“ IPAB ”), in its recent order in SubhashJewellery v. Payyan...
  • Guest Post: Intermediary liability in defamation cases - Parle, Mouthshut & Visakha cases to clarify the law
    Chaitanya Ramachandran, who has blogged for us previously over here and here , has sent us this excellent guest post analyzing the extent of...
  • Delhi HC rejects the "Hot News" Doctrine: A Summary
    The applicability of the Hot News doctrine was rejected recently in a landmark ruling delivered by Justice Bhat of the Delhi HC. This post i...
  • IP Research Assistant position at IIT, Madras
    Feroz Ali Khader, MHRD IP Chair at the Indian Institute of Technology (IIT) Madras, is looking for research assistants to work on various is...
  • Satyajit Ray's sketches and copyright controversies
    A copyright row appears to have started between the Satyajit Ray Society and the Delhi Art Gallery, that is organising a countrywide exhibit...
  • Dorling Kindersley v. Sanguine Technical Publishers
    A recent Delhi High Court order passed on 21 January, 2013  with respect to copyright licensing has come to our notice. An analysis of the j...
  • Call for Papers: IIT Bombay and MHRD jointly announce the 2nd International Conference on Management of Intellectual Property and Strategy
    The readers may be interested to know that the Shailesh J. Mehta School of Management of IIT Bombay is geared up to host, in collaboration w...
  • SpicyIP Tidbit: ALCS August Distribution
    In the UK, the Authors' Licensing and Collecting Society is an organization run and owned by writers that collects money due to its mem...
  • Aaron Swartz, RIP
    See Cory Doctorow's eulogy here Some of us in India may not have heard of Aaron Swartz, a 26 year old activist who was heavily involved ...
  • Thalappakatti biryani trademark row
    The southern district of Dindigal in Tamil Nadu occupies a special place in the hearts of biryani lovers. In the late 1950s, one Nagasamy N...

Categories

  • 126 (1)
  • 3(d) (4)
  • 3(f) (1)
  • 3(i) (1)
  • 3(k) (2)
  • Academic Writing (1)
  • access (10)
  • access to food (1)
  • access to health (3)
  • AIA (1)
  • AIDS/HIV (3)
  • Antitrust (2)
  • Bajaj v LML (1)
  • Basmati Row (2)
  • Biological Diversity (5)
  • Biologics (2)
  • biopiracy (4)
  • biotech (7)
  • Bollywood (25)
  • Broadcasters Rights (5)
  • Budget (1)
  • business method patent (2)
  • Call for papers (2)
  • Cipla (2)
  • Comparative Advertising (4)
  • Competition law (8)
  • Compulsory Licensing (27)
  • condonation of delay (1)
  • Conference (4)
  • Constitution (12)
  • Contracts (1)
  • Controller's decisions (8)
  • Copyright (112)
  • Copyright Amendment Bill 2010 (23)
  • copyright board (4)
  • Copyright Exceptions (6)
  • copyright office (1)
  • Copyright Rules (2013) (5)
  • Copyright Societies (9)
  • Counterfeiting (1)
  • creativity (1)
  • Cross Retaliation (1)
  • csir (4)
  • d (1)
  • D.U. Photocopy Case (16)
  • Darjeeling Tea (3)
  • Data Exclusivity (2)
  • Database (1)
  • DCGI (2)
  • decompilation (2)
  • defamation (9)
  • Designs (3)
  • Designs Act (3)
  • Differential Pricing (2)
  • Dilution (1)
  • Disabilities (3)
  • Disability (2)
  • DMCA (2)
  • Doha Declaration (1)
  • Domain Names (2)
  • Draft Policy of the Indian Government (2)
  • DRM (1)
  • Drug Regulation (7)
  • education (12)
  • Enercon (1)
  • Enforcement (1)
  • EU (2)
  • ex parte (2)
  • exhaustion (3)
  • Exhaustion of Rights (2)
  • Fair Dealing (8)
  • Fair Use (11)
  • Federal Circuit (1)
  • Fees (3)
  • FICCI (7)
  • FRAND (2)
  • free trade agreement (3)
  • FTA (3)
  • G.I. Registry (4)
  • gene sequences (3)
  • Generic medicine (4)
  • Geographical Indication (14)
  • Gilead (1)
  • Glenmark (5)
  • Gopika (34)
  • Guest post (11)
  • guidelines (1)
  • GWU-CII (1)
  • Herceptin (1)
  • hot news (3)
  • ICANN (1)
  • incremental innovation (1)
  • independence (1)
  • india (5)
  • Indian Government (1)
  • Indian patent litigation (27)
  • Indian Pharma (35)
  • Injunction (10)
  • Innovation (7)
  • INTA (1)
  • Intermediaries (10)
  • internet (11)
  • Internet Access Providers (IAPs) (5)
  • Internet Censorship (7)
  • IP scholarship (3)
  • IP aware (4)
  • IP Course (3)
  • IP Education (1)
  • IP Policy (11)
  • IP update (4)
  • ip writing competition (1)
  • IPAB (34)
  • ipchair (1)
  • IPO (1)
  • IPRS (5)
  • IT Act (1)
  • Journal (2)
  • judicial independence (3)
  • Jurisdiction (1)
  • Kruttika (4)
  • Legal Education (3)
  • Legal Research Tools (1)
  • Legal Scholarship (2)
  • library (2)
  • Licensing (7)
  • Madhulika (20)
  • mathematical methods (1)
  • Media law (3)
  • medical method (1)
  • Merck (4)
  • mhrd ip chair (1)
  • Microsoft (3)
  • Middle Path (1)
  • Moral Rights (2)
  • Movies (18)
  • musical work (2)
  • nanotechnology (1)
  • Natco (3)
  • natco defamation suit (5)
  • natco vs bayer (4)
  • need for transparency (1)
  • Novartis (8)
  • Novartis patent case in India (11)
  • NPEs (2)
  • nujs (1)
  • NUJS Conference (2)
  • Obituary (1)
  • obviousness (7)
  • Off-Topic (2)
  • online course (4)
  • Open Access (6)
  • Open Source (2)
  • Opposition (3)
  • Parallel Imports (4)
  • Parliament (1)
  • passing off (5)
  • Patent (52)
  • Patent act (10)
  • patent agent (5)
  • patent agent exam (9)
  • patent agent exam qualifications (3)
  • patent infringement (5)
  • Patent Licensing (2)
  • Patent litigation (2)
  • Patent Office (19)
  • patent pool (3)
  • Patent Prosecution (7)
  • Patent rules (2)
  • Patent Strategies (8)
  • Patents (9)
  • pegasus (1)
  • Personality Rights (1)
  • Pfizer (1)
  • Pharma (18)
  • Piracy (5)
  • plagiarism (3)
  • Plant Variety Protection (2)
  • post grant (1)
  • Prashant (2)
  • Preventive Detention (1)
  • Price Control (6)
  • prior publication (1)
  • Privacy (3)
  • Prizes (1)
  • public health (3)
  • Public Interest (4)
  • Publicity Rights (4)
  • Publishing (3)
  • radio (2)
  • Rajiv (18)
  • Rectification Petition (2)
  • Rejection (1)
  • research (3)
  • reverse engineering (2)
  • revocation (4)
  • rip (1)
  • Roche (2)
  • Roche vs Cipla (1)
  • Royalty (2)
  • RTI (2)
  • Scholarship (4)
  • section 16 (1)
  • Section 3(d) (7)
  • section 8 (6)
  • shamnad (11)
  • Shan Kohli (4)
  • Shouvik Kumar Guha (30)
  • Smartphones/Tablets (2)
  • Social Innovation (1)
  • Software (10)
  • software enforcement (3)
  • software patent (3)
  • Special 301 Report (1)
  • Spicy Tidbits (6)
  • spicyip (1)
  • SpicyIP Accolades (1)
  • SpicyIP Announcements (9)
  • SpicyIP Case (1)
  • SpicyIP Cases (3)
  • spicyip commiseration (1)
  • SpicyIP Events (11)
  • SpicyIP Fellowship (5)
  • SpicyIP Guest Series (22)
  • SpicyIP Interview (2)
  • SpicyIP Jobs (4)
  • SpicyIP Jobs/General (2)
  • SpicyIP Review (1)
  • SpicyIP Tidbits (11)
  • SpicyIP Weekly Review (27)
  • Statutory Licensing (1)
  • STI Policy 2013 (4)
  • Sugen (3)
  • Supreme Court of India (5)
  • Swaraj (19)
  • Tarnishment (1)
  • Technology (6)
  • Technology Transfer (5)
  • TKDL (5)
  • TPP (1)
  • trade (4)
  • Trade Secret Protection (1)
  • Trademark (59)
  • Trademark dilution (1)
  • Trademark Registry (9)
  • Traditional Knowledge (7)
  • Transparency (5)
  • treaty (1)
  • trial (1)
  • tribunals (2)
  • TRIPS (11)
  • UK (3)
  • unfair competition (5)
  • UNFCCC (1)
  • Universities Research and Innovation Bill (2)
  • US (1)
  • US Patent Reform (1)
  • US Supreme Court (3)
  • viva (3)
  • WIPO (5)
  • Working a Patent (2)
  • Workshop (4)
  • writ (1)
  • WTO (1)

Blog Archive

  • ►  2013 (364)
    • ►  September (13)
    • ►  August (41)
    • ►  July (36)
    • ►  June (36)
    • ►  May (32)
    • ►  April (51)
    • ►  March (66)
    • ►  February (40)
    • ►  January (49)
  • ▼  2012 (131)
    • ►  December (29)
    • ►  November (42)
    • ▼  October (50)
      • 5 Reasons Why Course Packs are Legal in India
      • Academia struggles to pay up as Journal prices soar!
      • First sale doctrine under threat in US
      • Guest Post: Ownership and Assignment of Indian Pat...
      • Supreme Court grants BharatMatrimony stay against ...
      • IP in the multiverse: Law of Superheroes
      • Govt. of India follows up on SpicyIP reporting – r...
      • Karnataka High Court temporarily restrains German ...
      • Copyright Aggression vs Educational Access: The "G...
      • Rebutting arguments against multiple copyright soc...
      • Mapping out the future of Indian copyright societies
      • Add a disclaimer says Supreme Court: Bata has happ...
      • Spicy IP Weekly Review (October Week 3)
      • Delhi University Restrained for Alleged Admission ...
      • Appeal to Publishers to Withdraw Suit Filed agains...
      • September 2012: Controller's decisions at the IPO
      • The ‘Register of Owners’ for future copyright soci...
      • Bata sho(o)ed out of Court - No defamation says De...
      • Sugen’s desperate attempt to save its Sunitinib pa...
      • Internet Fraud: Bogus Open Access Journals
      • Guest Post: Bayer-Natco decision TRIPS Compliant?
      • Guest Post: ‘Xerox’ is not Generic.......Yet?!
      • Spicy IP Weekly Review (October Week 2)
      • Roche vs Cipla: A Patent Disappointment?
      • Ever participated in a clinical trial? Perhaps.
      • An anonymous comment in response to the DU Campaig...
      • A test case for India’s new safe harbour provision...
      • Karnataka High Court quashes Controller General’s ...
      • The perils of selective journalism
      • Defensive Patent Licensing: A way out of the Paten...
      • Delhi High Court seeks to break the Myth of 'Break...
      • DU Photocopy Case: Who's Afraid of Copyright?
      • Guest Post: Exide v. Exide: Too much Exidement?
      • Guest Post: The New India Guidelines on Similar Bi...
      • Intellectual Property Rights: Infringement and Rem...
      • More controversy during appointments to IPAB: Delh...
      • SpicyIP Weekly Review (October Week 1)
      • SC on the new drug policy
      • India signs Nagoya protocol ahead of Hyderabad CBD...
      • WIPO defers PPI observer status
      • The need for iron-clad enforcement of Section 8 di...
      • NBA set to prosecute Monsanto’s Indian subsidiary:...
      • Breaking News: Delhi High Court recognizes interna...
      • Breaking news: Cipla succeeds in revoking Pfizer /...
      • TKDL poised to draw first blood before Indian pate...
      • ICANN set to change the topography of the internet
      • Call for Papers: Christ University, Law Journal
      • A Glass and a Half full of Purple Joy: Cadbury win...
      • EBC granted injunction against Lexis Nexis for inf...
      • Novelty of Design: Tarun Sethi v. Vikas Budhiraja
    • ►  September (10)
Powered by Blogger.