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Patents Rules, 2003

49. Notice of opposition against grant of compulsory licence or revocation of exclusive marketing rights.-

     A notice of opposition under sub-section (2) of section 87, as modified by section 24C shall be given in Form 14 and shall be submitted to the Controller within three months from the date of the advertisement of the application under sub-section (1) of the said section.

     The notice of opposition referred to in sub-rule (1) shall include the terms and conditions of the licence if any, which the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support of opposition.

3.      The Controller may by order call for further evidence from the opponent if he so desires.

4.      On receipt of the order under sub-rule (3), the opponent shall furnish the further evidence within a period of three months from the date of such receipt.

5.      The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such service has been affected.

6.      No further statement or evidence shall be delivered by either party except with the leave of or on requisition by the Controller.

7.      The Controller shall thereafter' appoint a date and time for the hearing of the case and Shall give the parties not less than ten days notice of such hearing.

8.      The procedure specified in sub-rules (2) to (5) of rule 62, shall so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of opposition to the grant of patents.

9.      The provision of clause (f) of sub-section (1) of section 77 for review of the decision of the Controller shall be applicable to any decision of the grant or refusal to grant of compulsory licence by the Controller.

10.   When the opponent makes the application for review of the decision of the Controller, the Controller shall suspend the operation of the decision for which the review is being requested till the disposal of the application for review.

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