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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