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can be issued, or the duration of their operation “although the provision envisages the issuance of orders
etc.; to injunct the commission of abusive acts, it does not
explain what acts are to be considered abusive. This
4. The Act does not provide for any appeal against further fortifies the argument that the Registrar has
the issuance of an order under the impugned been vested with unbridled power under the Act”.
provision, and therefore any error in the order
is difficult to be corrected; Further, given the fact that issues relating to
registration rights are adjudicable in appeals in a
The Court further emphasized that, whilst the tribunal, which comprises judicially trained officials,
qualification of Registrars as technical experts infringement is to be determined by regular courts.
allows them to be capable of deciding whether Further, given the fact that the nature of orders
the DUS test (to determine infringement) is issued under section 24(5) can have lasting adverse
satisfied, it does not fully dispose them to handle consequences, the absence of a provision requiring
the issue of the moment, especially concerning the Registrars to have a minimal quasi-judicial
interim measures. This is of particular significance experience along with no obligation on the part of
as per the Court, given that there is no appellate Registrars to follow established procedures, such as
remedy against such orders which makes the notice, fair hearing and reasoned orders, renders
outcome fraught, undermining the rule of law Section 24(5) arbitrary.
and injecting arbitrariness to the entire exercise.
The Court further emphasized that, whilst the
5. The Act does not prescribe any qualifications qualification of Registrars as technical experts allows
for the Registrar who is empowered to issue them to be capable of deciding whether the DUS test
such orders even though it is a well settled (to determine infringement) is satisfied, it does not
principle that substantial questions of law can fully dispose them to handle the issue of the moment,
only be decided by tribunals consisting of an especially concerning interim measures. This is of
adequate number of judicial members with legal particular significance as per the Court, given that
qualifications. there is no appellate remedy against such orders
which makes the outcome fraught, undermining the
In summary, it was the Petitioners’ contention rule of law and injecting arbitrariness to the entire
that the lack of any qualifications for the Registrar, exercise.
the absence of an appeal or an obligation to spell
out reasons for an ex parte order aggravates the The decision can be accessed at:-
possibility of arbitrary orders under the impugned http://lobis.nic.in/ddir/dhc/SRB/
provision and renders the impugned provision judgement/09-12-2016/SRB02122016CW2502009.
invalid. pdf
The Court agreed with the Petitioner and held that,
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