(1) Where a claim for patent covered under sub-section (2) of section 5 has been made and the applicant has,—
(a) where an invention has been made whether in India or in a country other than India and before filing such a claim, filed an application for the same invention claiming identical article or substance in a convention country on or after the 1st day of January, 1995 and the patent and the approval to sell or distribute the article of substance on the basis of appropriate tests conducted on or after the 39 of 1970.
48 of 1970.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 1st day of January, 1995, in that country has been granted on or after the date of making a claim for patent covered under sub-section (2) of section 5; or
(b) where an invention has been made in India and before filing such a claim, made a claim for patent on or after the 1st day of January, 1995 for method or process of manufacture for that invention relating to identical article 'or substance and has been granted in India the patent therefore on or after the date of making a claim for patent covered under sub-section (2) of section 5, and has been received the approval to sell or distribute the article or substance from the authority specified in this behalf by the Central Government, then, he shall have the exclusive right by himself, his agents or licensees to sell or distribute in India the article or the substance on and from the date of approval granted by the Controller m this behalf till a period of five years or till the date of grant of patent or the date of rejection of application for the grant of patent, whichever is earlier.
(2) Where, the specifications of an invention relatable to an article or a substance covered under sub-section (2) of section 5 have been recorded in a document or the invention has been tried or used, or, the article or the substance has been sold, by a person, before a claim for a patent of that invention is made in India or in a convention country, then, the sale or distribution of the article or substance by such person, after the claim referred to above is made, shall not be deemed to be an infringement of exclusive right to sell or distribute under sub-section (1):
Provided that nothing in this sub-section shall apply in a case where a person makes or uses an article or a substance with a view to sell or distribute the same, the details of invention relatable thereto were given by a person who was holding an exclusive right to sell or distribute the article or substance.
24C. The provisions in relation to compulsory licences in Chapter XVI shall, subject to the necessary modifications, apply in relation to an exclusive right to sell or distribute under section 24B as they apply to, and in relation to,a right under a patent to sell or distribute and for that purpose the following modifications shall be deemed to have been made to the provisions of that Chapter and all their grammatical variations and cognate expressions shall be construed accordingly, namely: —
(a) throughout Chapter XVI,—
(i) working of the invention shall bo deemed to be selling or distributing of the article or substance;
(ii) references to "patents" shall be deemed to be references to "right to sell or distribute";
(iii) references to "patented article" shall be deemed to be references to "an article for which exclusive right to sell or distribute has been granted";
(b) three years from the date of sealing of a patent in section 84 shall be deemed to be two years from the date of approval by the Controller for exclusive right to sell or distribute under section 24B;
(c) the time which has elapsed since the sealing of a patent under section 85 shall be deemed to be the time which has elapsed since the approval by the Controller for exclusive right to sell or distribute under section 24B;
(d) clauses (d) and (c) of section 90 shall be omitted.
Compulsory licences.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Special provision for selling or distribution.
Suits relating to infringements.
Central Government and its officers not to be liable.
Omission of section 39.
Amendment of section
40.
Amendment of section
64.
Amendment of section
118.
Insertion of new section
157A.
Protection of security of India.