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Delhi HC taken cognizance on BIS Certification Marks License Cancellation Amidst Absence of Fresh Standards

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LI Network

Published on: December 03, 2023 at 18:29 IST

The Delhi High Court has taken cognizance of a petition that raises a critical question regarding the cancellation of a Bureau of Indian Standards (BIS) Certification Marks License.

The central issue pertains to whether the license can be revoked on the grounds of the licensee utilizing the mark beyond the license’s specified scope, especially when updated standards for the license have not been established.

The petition, filed by Zeng Hsing Industrial Company Limited, challenges a Cancellation Notice issued by the Bureau of Indian Standards (BIS), marked as respondent No.1, in connection with the BIS Certification Marks License granted to them. This license permitted the use of the BIS Standard Mark on a specific product, namely the Household Zig-Zag Sewing Machine Head.

It was highlighted that the license, granted in 2018, faced cancellation based on an alleged violation of Regulation 6(4) of BIS (Conformity Assessment) Regulations, 2018.

This provision explicitly states that a licensee is prohibited from using the Standard Mark for goods, articles, processes, systems, or services that are non-conforming or fall outside the designated scope of the license.

Upon careful examination of the evidence presented, Justice Subramonium Prasad observed that the standards for the concerned product were scheduled for revision, with a meeting held in January 2023 to discuss the matter. However, as of the current date, the updated standards had not been officially prescribed.

Given the retrospective cancellation of the petitioner’s license, the court has issued notices to the respondents. The case is scheduled for further consideration, including discussions on a potential stay, on December 15, 2023.

Case title: Zeng Hsing Industrial Company Limited & Anr. v. Bureau of Indian Standards BIS, Ministry of Consumer Affairs, Food and Public Distribution, Government of India & Anr.