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 :- .....

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.....

Patents Act, 1970 (39 of 1970) Section 92

Title: Special Provision for Compulsory Licences on Notifications by Central Government

State: Central

Year: 1970

..... (ii) in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights. (2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84. (3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in (i) a circumstance of national emergency; or (ii) a circumstance of extreme urgency; or (iii) a case of public non-commercial use, which may arise or is required, as the case may be, including public health crises, relating to Acquired Immuno Deficiency Syndrome, Human immunodeficiency Virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 87 in relation to that application for grant of licence under this section: Provided that.....

The Rajasthan Housing Board Act. 1970 Complete Act

State: Rajasthan

Year: 1970

.....to anything attached to the earth; (12)"local authority" includes a Municipal Board established under section 7 of the Rajasthan Municipalities Act 1959 (Act 38 of 1959), a panchayat established under section 3 of the Rajasthan Panchayat Act, 1953 (Act 21 1953) or a Punchiest Semitic of a zeal Paris had respectively constituted under section 7 and 42 of the Rajasthan Panchayat Semites and Zola Parish ads Act,1959 (Act 37of 1959); Explanation:- The expression "Municipal Board" wherever used in this Act, shall be deem end to include a Municipal Council or any other Municipal authority: (13)"master plan" means, the master plan prepared as approved for any urban area in accordance with the provisions of Chapter II of the Rajasthan Urban Improvement Act, 1959 (Act 35 of 1959); (14)"member" means the Chairman and other members of the Board; (15)" notification" means a notification published in the Official Gazette; (16)"premises" means any land or building or part of a building and includes,- (i) The gardens, grounds and out-houses, if any, appertaining to such building or part of a building and (ii) Any fittings affixed to such building or part of a building for the more.....

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 XVII

Title: Use of Inventions for Purposes of Government and Acquisition of Inventions by Central Government

State: Central

Year: 1970

.....in respect of a patent which has been the subject of an authorisation under this sectoin, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor, as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee. ________________________ 1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: the acceptance of the complete specification in respect of the patent 2. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under "Provided that in the case of any such use of any patent in respect to any medicine or drug or article of food the royalty and other remuneration shall in no case exceed four per ccni of the net ex-factory sale price in bulk of the patented article.....

Patents Act, 1970 (39 of 1970) Section 100

Title: Power of Central Government to Use Inventions for Purposes of Government

State: Central

Year: 1970

.....or other circumstances of extreme urgency or for non-commercial use], the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from lime to time, reasonably require and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking. (6) The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the4[right to sell on non-commercial basis, the goods] which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention. (7) Where in respect of a patent which has been the subject of an authorisation under this sectoin, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration.....

Contract Labour (Regulation and Abolition) Act, 1970 Complete Act

State: Central

Year: 1970

.....in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948)-, the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment. (h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936)-; (i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person- (A) who is employed mainly in a managerial or administrative capacity ; or (B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial.....