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01 October 2024
India will soon have a Code of Conduct to regulate patent and trademark agents in their practice.
In August 2024, the Delhi High Court ordered the Controller General to conduct stakeholder consultations on the Code of Conduct for the first time in India’s IP jurisprudence. The court ordered that the Code of Conduct be finalized by December 31, 2024. This decision came after a ruling on the Saurav Chaudhary v. Union of India case, which involved a patent application that was considered abandoned due to negligence by the patent agent.
On August 3, 2019, Saurav Chaudhary filed the patent application for “Blind-Stitch Sewing Machine and Method of Blind Stitching” through a law firm. On April 29, 2022, the First Examination Report (FER) on the application was released. The problem started when the patent agent, Naveen Chaklan, failed to respond to the FER within the prescribed period – six months from the date of issuance of the report. Chaudhary did his part by constantly reminding Chaklan to respond to the FER but the latter failed to do so. As a result, the patent application was considered abandoned. To restore his application, Chaudhary filed a writ petition before the Delhi High Court. On July 4, 2024, the court determined that Chaklan was negligent in his responsibility as a patent agent and reinstated Chaudhary’s application.
Ankita Sabharwal | Senior Associate @ Chadha & Chadha, New Delhi
According to Ankita Sabharwal, senior associate at Chadha & Chadha in New Delhi, the lack of such regulations for patent and trademark agents in India may lead to malpractice, misrepresentation and unethical conduct. Such negligence could go unchecked, thus undermining the profession's credibility and potentially causing harm to clients.
“The court’s directive to establish a formal code of conduct is a critical intervention to enhance the accountability of patent and trademark agents toward their clients, the Controller General and the judicial system. This measure will not only restore confidence in the professional integrity of agents but also provide clients with recourse in instances of negligence or misconduct,” said Sabharwal.
“From a litigation perspective, the introduction of a formal code will likely provide clearer parameters for courts and IP offices in handling disputes related to agent conduct,” she noted, explaining there is little guidance at present on adjudicating issues involving agent negligence or malpractice.
The Code of Conduct for patent and trademark agents will align India’s IP regulatory system with international best practices, added Sabharwal. Thus, it will strengthen India’s position as a trusted jurisdiction in global IP matters.
- Espie Angelica A. de Leon
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