Bare Act Search Results

Patents Act, 1970 (39 of 1970) Amending Act I

Title: Amendment Act

State: Central

Year: 1970

PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....

Industrial Disputes Act, 1947 Schedule V

Title: The Fifth Schedule

State: Central

Year: 1947

.....against certification of a bargainingrepresentative. 5. Tostage, encourage or instigate such forms of coercive actions as wilful "goslow", squatting on the work premises after working hours or"gherao" of any of the members of the managerial or other staff. 6. Tostage demonstrations at the residences of the employers or the managerial staffmembers. 7. Toincite or indulge in wilful damage to employer's property connected with theindustry. 8. Toindulge in acts of force or violence or to hold out threats of intimidationagainst any workman with a view to prevent him from attending work.] _________________________ 1.Inserted by Act 46 of 1982, section 23 (w.e.f. 21-8-1984).

Industrial Disputes Act, 1947 Complete Act

State: Central

Year: 1947

.....wishes which are merely spiritual or religious in nature), whether or not,- (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) ; (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of 11 2 of the Plantations Labour Act, 1951 (69 of 1951); or (2) hospitals or dispensaries ; or (3) educational, scientific, research or training institutions ; or (4) institutions owned or managed by organisations wholly or substantially engaged.....

Patents Act, 1970 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Complete Act

State: Maharashtra

Year: 1971

.....UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971 THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971 MAHARASHTRA ACT NO. I OF 19722 1st February 1972 An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights, and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; lo define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid. WHEREAS, by Government Resolution, Industries and Labour Department, No. IDA. 1367-LAB-Il, dated the 14th February 1968, the Government of Maharashtra appointed a Committee called "the Committee on Unfair Labour Practices" for defining certain activities of employers and workers and their organisations which should be treated as unfair labour practices and.....

Patents Act, 1970 (39 of 1970) Section 84

Title: Compulsory Licences

State: Central

Year: 1970

.....(1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based. (4) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit. (5) Where the Controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section 88. (6) In considering the application filed under this section, the Controller shall take into account,- (i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability of the applicant to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the.....

Patents Act, 1970 (39 of 1970) Chapter XXIII

Title: Miscellaneous

State: Central

Year: 1970

.....unlawful by this section continue in force after the expiration of oneyear from such commencement." Section 141 - Determination of certain contracts (1) Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence,1[***], may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months, notice in writing to the other party. (2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section. ________________________ 1. Words "whether made before or after the commencement of this Act" omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 142 - Fees (1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of.....

Patents Act, 1970 (39 of 1970) Section 140

Title: Avoidance of Certain Restrictive Conditions

State: Central

Year: 1970

.....inany contract for or in relation to the sale or lease of a patented article or anarticle made by a patented process; or (ii) in licence to manufacture or use a patented article; or (iii) ina licence to work any process protected by a patent, a condition the effect ofwhich may be- (a) to require the purchaser, lessee, or licensee to acquire from thevendor, lessor, or licensor or his nominees, or to prohibit him from acquiringor to restrict in any manner or to any extent his right to acquire from anyperson or to prohibit him from acquiring except from the vendor, lessor, orlicensor or his nominees any article other than the patented article or anarticle other than that made by the patented process; or (b) to prohibit the purchaser, lessee or licensee from using or torestrict in any manner or to any extent the right of the purchaser, lessee orlicensee, to use an article other than the patented article or an article otherthan that made by the patented process, which is not supplied by the vendor,lessor or licensor or his nominee; or (c)to prohibit the purchaser, lessee or licensee fromusing or to restrict in any manner or to any extent the right of the purchases,lessee.....

Patents (Amendment) Act, 2002 Section 39

Title: Substitution of New Chapter for Chapter Xvi

State: Central

Year: 2002

.....Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.-- (1) Where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for.....

Patents (Amendment) Act, 2002 Section 59

Title: Amendment of Section 140

State: Central

Year: 2002

In section 140 of the principal Act,-- (a) in sub-section (1), in clause (iii), after sub-clause (c), the following sub-clause shall be inserted, namely:-- "(d) to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing."; (b) sub-section (5) shall be omitted.