Featuring: Nabira Farman
A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Nabira Farman, Trainee Associate, on “Is an Intra-Court Appeal against the Decision of Single Judge of High Court in Trade Mark Appeals maintainable?”. The seminar explored how the Courts have interpreted the maintainability of a second appeal before the Division Bench of High Court against an order passed by Single Judge arising out of a decision by the Trade Marks Registry. The session included a discussion of limitation on appeal as raised under Section 100A of the Code of Civil Procedure and dealt with various cases, elaborating on the objective and scope of Section 100A. The session also delved into judicial decisions from recent times, in the realm of trademark matters where the Courts have interpreted the applicability of Section 100A to trademark appeal matters. The session concluded with a discussion on the recent decisions of the Delhi High Court which clarified and settled that while assessing the maintainability of second appeals in a trademark matter, the Trade Marks Registry, not being a civil court, does not invite the limitation on appeal as entailed under Section 100A.
The presentation can be accessed here.
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