Title : Powers of Controller in Granting Compulsory Licences
State : Central
Year : 1970
(1) Where the Controller is satisfied an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant. (2) Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an..... View Complete Act List Judgments citing this sectionTitle : Every Person Believed to Be in Possession to Deliver Statement of Particulars of Property as Required by Controller
State : Central
Year : 1953
Every person accountable for estate duty, every company to which, in the opinion of the Controller, a transfer of property has been made by the deceased as mentioned in section 17, every person who is or was at any time an officer or auditor of such a company, and every person whom the Controller believes to have taken possession of or administered any part of the estate in respect of which duty is leviable on the death of the deceased, or of the income of any part of such estate shall, if required by the Controller, deliver to him and verify to the best of his knowledge, and belief, a statement of such particulars together with such accounts, documents, evidence or information as the controller may require relating to any property which he has reason to believe to from part of an..... View Complete Act List Judgments citing this sectionTitle : Controller and Other Officers
State : Central
Year : 1970
(1) The Controller General of Patents, Designsand Trade Marks appointed under sub-section (1) of 1 [section3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act. (2) For the purposes of this Act, the CentralGovernment may appoint as many examiners and other officers and with suchdesignations as it thinks fit. (3) Subject to the provisions of this Act, theofficers appointed under sub-section (2) shall discharge under thesuperintendence and directions of the Controller such functions of theController under this Act as he may, from time to time by general or specialorder in writing, authorise them to discharge. (4) Without prejudice to the generality of theprovisions of sub-section (3), the Controller may, by order in writing and..... View Complete Act List Judgments citing this sectionTitle : Power of Controller to Correct Clerical Errors, Etc.
State : Central
Year : 1970
(1) Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications1[or other documents related thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid..... View Complete Act List Judgments citing this sectionTitle : Exercise of Discretionary Powers by Controller
State : Central
Year : 1970
Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act. 1[Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.] ___________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. View Complete Act List Judgments citing this sectionTitle : Power of Controller to Refuse to Deal with Certain Agents
State : Central
Year : 1970
(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act (a) and individual whose name has been removed from, had not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for benefit of the person by whom he is employed; (d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm. (2) The Controller shall..... View Complete Act List Judgments citing this sectionTitle : Controller to Exercise Powers of a Magistrate for Recovery of Fine
State : Central
Year : 1958
Any fine imposed by a Controller under this Act shall be paid by the person fined within such lime as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898, and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery. View Complete Act List Judgments citing this sectionTitle : Magistrates and Medical Officers Who May Exercise the Powers of the Controller
State : Central
Year : 1932
(1) Subject to the provisions of sub-section (3) of section 10, any District Magistrate in Assam may exercise in respect of his exercise district any power which the Controller by or under this Act could exercise in such district. (2) The Controller may transfer any proceeding under Chapter II pending before him to the District Magistrate having jurisdiction under sub-section (1) to dispose of it. (3) {Substituted by the A.O. 1937 for "The L.G. of a recruiting province may invest a District Magistrate or a Sub-divisional Magistrate and the L.G. of Assam may invest a Sub-divisional Magistrate".} [The Central Government may invest a District Magistrate or a Sub-divisional Magistrate in any recruiting State and a Sub-divisional Magistrate in Assam] with any of the powers of the..... View Complete Act List Judgments citing this sectionTitle : Penalty for Obstructing Director, Controller or Legal Metrology Officer
State : Central
Year : 2009
Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a term which may extend to two years and..... View Complete Act List Judgments citing this sectionTitle : Power of Controller to Make Orders Respecting Dating of Application
State : Central
Year : 1970
(1) Subject to the provisions of section 9, at any lime after the filing of an application and1[before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly: Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made. 2[(2) Where an application or specification (including drawings) or any other document is required to be amended under section 15, the application or specification or other document shall, if..... View Complete Act List Judgments citing this section