Patents Rules, 2003
102. Application for termination of
compulsory licence under section 94. —
1.
An
application for termination of compulsory licence under section 94(1) shall be
made in Form 21 by the patentee or any other person deriving title or interest
in the patent. The application shall be accompanied by the evidence in support
of the application.
2. The
applicant shall serve a copy of the application and evidence on the holder of
the compulsory licence and shall inform the Controller the date on which the
service has been effected.
3. The
holder of the compulsory licence may file his objection along with evidence, if
any, to the application within one month from the date of receipt of the
application and evidence by him to the Controller and serve a copy thereof to
the applicant.
4. No
further evidence or statement shall be filed by either party except with
special leave of or on requisition by the Controller.
5. On
completion of the above proceedings, the Controller shall forthwith fix a date
and the time for the hearing of the case and shall give the parties not less
than ten days’ notice of such hearing.
6. The
procedure specified in sub-rules (2) to (5) of rule 62 so far as may be, apply
to the procedure for hearing under this rule as they apply to the hearing in
opposition proceedings.
7. If the
Controller decides to terminate the compulsory licence he shall forthwith issue
an order giving terms and conditions, if any, of such termination and serve
copies of the order to both the parties.
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