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Sec 51, Patents Act 1970: Controller's Power to give Directions to Co-owners

Section 51 (Power of Controller to give directions to co-owners) under Chapter VIII (Grant of Patents and Rights Conferred thereby) of the Patents Act, 1970 ⦂―

❝(1) Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto, as he thinks fit.

(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

(3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard—
 (a) in the case of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent;
 (b) in the case of an application under sub-section (2), to the person in default.

(4) No direction shall be given under this section so as to affect the mutual rights or obligation of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent.❞




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Notes:

The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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