Author: Former Intern - Yashi Agarwal
Guidelines for Accessibility and Reasonable Accommodation for Persons with Disabilities (Guidelines) is a set of guidelines issued by the Office of Controller General of Patents, Designs & Trademarks (O/o CGPDTM) vide Order dated March 04, 2022. These guidelines are an attempt to align interactions of IP Offices under O/o CGPDTM (IP Offices) with the Rights to Persons with Disability Act (RPwD Act) to provide two-fold facilitation – (1) accessibility and (2) reasonable accommodation to Persons with Disabilities (PwDs) who interact and practice with the IP Offices.
By virtue of the guidelines, O/o CGPDTM takes the initiative to make ICT-related trademarks, documents, and other online facilities and systems more accessible. A nodal officer (disability) [nodal officer] has been appointed by O/o CGPDTM on a temporary basis to address the needs of agents, attorneys, and other PwDs.
According to the Guidelines, in order to facilitate accessibility, installation of screen readers; audio speakers; and braille printers at appropriate locations have been ordered. The same would also be provided on the receipt of an email by a PwD to the nodal officer seeking assistance with specific mention of the Controller/Registrar/Examiner before whom a representation has to be made. Similar facilities are also made accessible to Patent and Trademark Agents with disabilities.
As for reasonable accommodation, the Guidelines prescribe that the same would be provided by O/o CGPDTM upon a request of a PwD to the nodal officer, made in advance. The nodal officer shall also consult with the concerned Controller/Registrar/Examiner if what is requested is a reasonable accommodation. Also, while determining the most appropriate accommodation, the nodal officer shall discuss specific requirements with the requestee and also with the concerned Controller/Registrar/Examiner.
The Guidelines provide that the nodal officer may also provide sufficient time to PwDs for converting documents into accessible formats, appropriate adjournments and time extensions not exceeding fourteen days are also provided with prior consultation with the Controller/Registrar/Examiner. In case of denial of any request for reasonable accommodations, the nodal officer shall provide reasons for such denial.
The Guidelines also include a grievance redressal mechanism by way of which the nodal officer is duty-bound to address all grievances pertaining to accessibility and reasonable accommodation. Non resolvent of the same within a period of ten working days entitles the seeker to send a grievance to the O/o CGPDTM. The requisite contact details of the nodal officer (disability) and O/o CGPDTM are provided in the Guidelines.
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