Tug Of War Between ‘Rules’ And ‘Statute’ Continues

The foundation of ‘Rules’ is presumed to be dependent on the statute and the main objective of ‘Rules’ is to provide ways to implement the substantive law. But at times, there emerges conflict between the substantive law and the procedural law. Even though the procedural rules are considered secondary to the substantive law, the rues of interpretation mandate that the same should be resolved by applying the principles of harmonious construction. Presently, the courts in India are witnessing a catena of cases that are dealt with the conflict with the Trademark Act, 1999 and Trademark rules 2002.

In B.M. Birla Heart Research Centre v. Shree Rajmoti Industries, Gujarat 2007 (34) PTC 288 (Reg.), the issue was with regard to the power of the Registrar to provide extension of time for filing opposition.