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Protecting Quasi Judicial Officers from Executive Excesses: A Patent Upliftment!

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Read the text of the judgment here. In a significant development for IP and constitutional law, the Delhi High Court ruled that the statutory discretion vested in quasi-judicial officials such as Patent Controllers and Trademark Registrars cannot be interfered with by their higher ups, such as the Controller General (CG).  But first a bit of background. Several months ago, the CG had issued an office order disallowing “substantial” amendments in trademark applications. The key part of the office order (Clause...

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