The Limits on Those Rights
Chapter Sixty-Seven
Syllabus topic 3.2, "Rights and Obligations of Patentee"
Pages 275 to 277 of 524
In one line
An Indian patent is cut into by the conditions of grant, by the foreign vessels rule, by the acts the Act declares not to be infringement, by compulsory licences, and by the Government's own powers.
In the wording a student can write in an exam: section 49 of the Patents Act, 1970 provides that where a vessel or aircraft registered in a foreign country, or a land vehicle owned by a person ordinarily resident in such a country, comes into India temporarily or accidentally only, the rights conferred by a patent are not deemed to be infringed by the use of the invention in the body, machinery, tackle, apparatus or accessories of the vessel so far as it is used on board and for its actual needs only, or in the construction or working of the aircraft or land vehicle or its accessories.
The map: five kinds of limit
| Limit | What it does | Provisions | Worked in |
|---|---|---|---|
| Conditions of the grant | Government's own use; experiment, research and teaching; import of medicines for Government institutions | s.47 | chapter 350 |
| Foreign vessels, aircraft and land vehicles | Temporary or accidental presence in India | s.49 | this chapter |
| Acts declared not to be infringement | Regulatory approval, and importation from a duly authorised person | s.107A | chapter 1080 |
| Compulsory licensing and non-working | Licences on stated grounds, and revocation | Chapter XVI, ss.82 to 94 | chapters 770 to 860 |
| Government use and acquisition | Use for the purposes of Government; acquisition | Chapter XVII, ss.99 to 103 | chapters 970 to 990 |
Two more limits belong to the list and are easy to forget. Section 140 makes certain restrictive conditions in a licence void, and chapter 890 works it. And section 111 restricts damages against an innocent infringer, which chapter 1110 works.
Section 49: foreign vessels, aircraft and land vehicles
Section 49(1). Where a vessel or aircraft registered in a foreign country, or a land vehicle owned by a person ordinarily resident in such a country, comes into India, including its territorial waters, temporarily or accidentally only, the rights conferred by a patent shall not be deemed to be infringed by the use of the invention:
(a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories, so far as the invention is used on board the vessel and for its actual needs only; or
(b) in the construction or working of the aircraft or land vehicle or of the accessories.
Section 49(2): reciprocity. The section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or territorial waters of that country or otherwise within the jurisdiction of its courts.
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