(1) Without prejudice to the provisions of any other law for the time being in force, where, at any time after an exclusive right to sell or distribute any article or substance has been granted under sub-section (1) of section 24B, the Central Government is satisfied that it is necessary or expedient in public interest to sell or distribute the article or substance by a person other than a person to whom exclusive right has been granted under sub-section (1) of section 24, it may, by itself or through any person authorised in writing by it in this behalf, sell or distribute the article or substance.
(2) The Central Government may, by notification in the Official Gazette and at any time after an exclusive right to sell or distribute an article or a substance has been granted, direct, in the public interest and for reasons to be stated, that the said article or substance shall be sold at a price determined by an authority specified by it in this behalf.
24E. All suits relating to infringement of a right under section 24B shall 'be dealt with in the same manner as if they are suits concerning infringement of patents under Chapter XVIII.
24F. The examination and investigations required under this Chapter shall not be deemed in any way to warrant the validity of any grant of exclusive right to sell or distribute, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon."
4. Section 39 of the principal Act shall be omitted.
5. In section 40 of the principal Act, the words and figures "or makes or causes to be made an application for the grant of a patent outside India in contravention of section 39" shall be omitted.
6. In section 64 of the principal Act, in sub-section (1), in clause (n), the words and figures "or made or caused to be made an application for the grant of a patent outside India in contravention of section 39" shall be omitted.
7. In section 118 of the principal Act, the words and figures "or makes or causes to be made an application for the grant of a patent in contravention of section 39" shall be omitted.
8. After section 157 of the principal Act, the following section shall be inserted, namely :— '157A. Notwithstanding anything contained in this Act, the Central Government shall—
(a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of security of India;
(b) take action including the revocation of any patent which it considers necessary in the interest of security of India:
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 Ord. 13 of
1994.
Ord 13 of 1994.
Provided that the Central Government shall, before taking any action under this clause, issue a notification in the Official Gazette declaring its intention to take such action.
Explanation.— For the purposes of this section, the expression "security of India" means any action necessary for the security of India which—
(i) relates to fissionable materials or the materials from which they are derived; or
(ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or
(iii) is taken in time of war or other emergency in matter of international relations.*.
9. (1) Anything done or any action taken under the principal Act as amended by the Patents (Amendment) Ordinance, 1994, which ceased to operate, shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Ordinance.
(2) All applications made in respect of claims for patent of invention specified under sub-section (2) of section 5 of the principal Act, from the date of cesser of the Patents (Amendment) Ordinance, 1994 till the date on which mis Ordinance is promulgated by the President (both days inclusive) shall be deemed to have been validly made as if the provisions of the principal Act, as amended by this Ordinance, had been in force at all material times.
Savings.
K.R. NARAYANAN, President.
RAGHBIR SINGH, Secy. to the Govt. of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 9 9 .
MGIP(PLU)MRNO—4052GI—8-1 -1999.