The Delhi High Court has recently taken notice of a compelling legal matter involving the cancellation of a Bureau of Indian Standards (BIS) Certification Marks License. This case centers around the intriguing question of whether such a license can be revoked based on the argument that the licensee has utilized the BIS Certification Mark beyond the confines of the license's scope, even in the absence of freshly established standards for the license.
The petition, brought before the court by Zeng Hsing Industrial Company Limited, challenges a Cancellation Notice issued by the Bureau of Indian Standards, specifically respondent No.1 in this case. The cancellation pertains to the BIS Certification Marks License that had been granted to Zeng Hsing Industrial Company Limited for the use of the BIS Standard Mark on a specific product, namely, the Household Zig-Zag Sewing Machine Head.
According to the details presented in the petition, the license in question was initially granted in 2018. However, the grounds for its subsequent cancellation were based on an alleged violation of Regulation 6(4) of BIS (Conformity Assessment) Regulations, 2018. This particular provision stipulates that a licensee is prohibited from using the Standard Mark concerning goods, articles, processes, systems, or services that are either non-conforming or fall outside the predetermined scope of the license.
Upon a meticulous examination of the material on record, Justice Subramonium Prasad expressed concern regarding the cancellation of the petitioner's license, especially given that the cancellation was applied retrospectively. This prompted the court to issue a notice to the respondents, setting the stage for a comprehensive examination of the legal intricacies surrounding this case.
The matter is now slated for further consideration, with a hearing scheduled for December 15, 2023. The court will delve into the complexities of the case and assess whether a stay on the cancellation is warranted. This pivotal decision could have significant implications not only for Zeng Hsing Industrial Company Limited but also for the broader legal landscape regarding BIS Certification Marks License cancellations.
In terms of legal representation, the petitioners are being represented by a team of legal professionals led by Senior Advocate Rajshekhar Rao. Supporting him are Advocates Sameer Jain, Suvigya Awasthy, Rohan Gulati, and Yamini Mookherjee. On the other side, representing the respondents, are Advocates Anil Kaushik and Rajat Rana, along with Anju Kaushik for respondent No.1. Additionally, Advocates Piyush Beriwal and Vedansh Anand are part of the legal team representing the respondents.
This legal saga brings to light not only the specific circumstances of this case but also the broader issues related to the use and cancellation of BIS Certification Marks Licenses. The interpretation of regulations, the retrospective application of cancellations, and the consideration of whether the absence of fresh standards should impact such decisions are all elements that will likely be scrutinized during the upcoming court proceedings. The outcome of this case could set precedents and influence future decisions in similar legal contexts, making it a case of significant importance within the realm of standards and certifications.
TAGS: Advocates Piyush Beriwal and Vedansh Anand December 15 2023 Stay on cancellation Legal intricacies Precedents Standards and certifications.
