Two stage test for invalidating a law australia


25-Dec-2018 13:26

The fine imposed for such transgression is INR 10 Lakhs (~ USD 18000).Further, there is also a catch for those patent-holders or licensees who choose to file false information with the Patent Office in order to “comply” with the mandate of filing the declaration.It is obligatory on part of the patentee and licensee (whether exclusive or otherwise) to submit a statement of commercial working (Form 27) of the patented invention in India to the Controller.Such statements are required to be submitted to Indian Patent Office in respect of every calendar year within three months of end of each year.Section 83 provides the general principles which are applicable to the working of patented inventions in India.This provision is akin to Article 7 and 8 of the TRIPS agreement.Such false declarations could attract imprisonment for upto 6 months with or without fine.

Such information published was the patent number, date of patent, name and address of the patentee as well as the title of the invention.The term “Working” or “Local working” has not been defined under the Act.However, Section 83 (a), 83 (b) and Section 85 (7) (e) refer to working of patent in India, and help in the interpretation of the term “working” in India.Controller General may publish such statements for public viewing.



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