Home › LL.M Entrance › Law › Intellectual Property Law › Section 109 Patents Act 1970 deals with PERSONS …
Section 109 Patents Act 1970 deals with PERSONS WHO MAY SUE FOR INFRINGEMENT. A suit may be brought by:
Answer & Solution
Correct answer: D.
1. Section 109 Patents Act 1970: 'The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.'
2. Non-exclusive licensees do not have a right to sue independently.
3. Section 110 provides for joinder of patentee in such suits.
4. Section 48 grants the patentee EXCLUSIVE rights — to prevent third parties not having his consent from the act of making, using, offering for sale, selling, or importing.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 109 read with Section 48_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of