Vetsfarma Vested With The “Right To Be Heard”

The Principles of Natural Justice find a place in all jurisdictions and legal regimen. The law seems frivolous without the edicts of the principle and governs every branch of law, irrespective whether new or old. Although, the principles are too well-established to require an introduction to, yet every once in a while, they become the bone of contention in legal haggles. In witness to this, is the case of Vetsfarma Ltd. v. Vest Pharma Ltd & Ors. [2008 (37) PTC 296].

Vetsfarma Pvt. Ltd. aggrieved from the order of the Registry, with respect to three trademark applications moved to the Intellectual Property Appellate Board (IPAB) in pursuance of Section 100 of the Trade Marks Act, 1999. They contended on the grounds of violation of the Principles of Natural Justice, stating that no opportunity to be heard had been afforded to them. Furthermore, they stated that the order was not a "speaking order".