AMENDMENTS TO THE INDIAN PATENTS AND DESIGNS ACT, 1911
1. Long title—Omit “Inventions and”.2.Preamble—Omit “inventions and”.3. Section 1—In sub-section (1) omit “Indian Patents and”.4.Section 2—(a) omit clause (1);(b) in clause (2) omit “(as respects designs)”;(c) for clause (3), substitute—(3) “controller” means the Controller General of Patents, Designs and Trade Marksappointed under sub-section (1) of section 4 of the Trade and Merchandise MarksAct, 1958 (43 of 1958);(d) in clause (5) for “trade mark as defined in section 478”, substitute “trade mark asdefined in clause (v) of sub-section (1) of section 2 of the Trade and MerchandiseMarks Act, 1958 (43 of 1958)”;(e) omit clause (6);(f) in clause 7, after sub-clause (ee) insert,—“(f) in relation to the Union territories of Dadra and Nagar Haveli and Goa, Damanand Diu, the High Court at Bombay; (g) in relation to the Union territory ofPondicherry, the High Court at Madras.”;(g) omit clauses (8), (10) and (11);(h) for clause (12), substitute—“(12) “patent office” means the patent office referred to in section 74 of the PatentsAct, 1970″.5. Omit Part I.6. For section 51B, substitute—“51B, Designs to bind Government.—A registered design shall have to all intents the likeeffect as against Government as it has against any person and the provisions ofChapter XVII of the Patents Act, 1970, shall apply to registered designs as they apply topatents.”7. In section 54, for “The provisions of this Act”, substitute “The provisions of the PatentsAct, 1970″.8. Omit sections 55 and 56.9. Section 57—For sub-section (1), substitute—(1) There shall be paid in respect of the registration of designs and applicationstherefor and in respect of other matters relating to designs under this Act such fees asmay be prescribed by the Central Government.”.10.Omit section 59 A.11.Section 61—Omit sub-section (1).12.For section 62, substitute—“62, Power of Controller to correct clerical errors.—The Controller may, on request inwriting accompanied by the prescribed fee, correct any clerical error in therepresentation of a design or in the name or address of the proprietor of any design orin any other matter which is entered upon the register of designs.”13.Section 63—(a) in sub-section (1), omit “to a patent or” and “patent or”;(b) in sub-section (2), omit “patent or” and for “patents or designs, as the case may be,”,substitute “designs,”;(c) in sub-section (3), omit “patent or” whenever that expression occurs;(d) in sub-section (4), omit “to a patent or”.14.Section 64—(a) in sub-section (1), omit “patents or” and omit the word “either” wherever it occurs;(b) in sub-section (5), omit clause (a).15.Omit section 66.16.Section 67—Omit “for a patent, or for amendment of an application or of a specification,or”,17. Section 69—In sub-section (1), omit “to grant a patent for an invention or”.18. Section 71A—Omit “or from patents, specifications and other”19.Omit section 72.20.Omit sections 74A and 75.21. Section 76—(a) in sub-section (1), omit “other”;(b) in sub-section (2), in clause (c), omit “opponent”.22. Section 77—(a) in sub-section (1)—THE PATENTS ACT, 1970Page109(i) in clauses (c) and (d), omit “specifications”; (ii) for clause (e),substitute—“(e) providing for the inspection of documents in the patent office and for the manner inwhich they may be published;” (iii) omit clause (eee);(b) omit sub-section (2A).23.Omit section 78.24. For section 78A, substitute—“78A. Reciprocal arrangement with United Kingdom and other Commonwealth countries —(1) Any person who has applied for protection for any design in the United Kingdom orhis legal representative or assignee shall, either alone or jointly with any other person,be entitled to claim that the registration of the said design under this Act shall be inpriority to other applicants and shall have the same date as the date of the applicationin the United Kingdom:Provided that—(a) the application is made within six months from the application for protection in theUnited Kingdom; and(b) nothing in this section shall entitle the proprietor of the design to recover damagesfor infringements happening prior to the actual date on which the design isregistered in India.(2) The registration of a design shall not be invalidated by reason only of the exhibition oruse of, or the publication of a description or representation of, the design in Indiaduring the period specified in this section as that within which the application may bemade.(3) The application for the registration of a design under this section must be made in thesame manner as an ordinary application under this Act.(4) Where it is made to appear to the Central Government that the legislature of any suchCommonwealth country as may be notified by the Central Government in this behalfhas made satisfactory provisions for the protection of designs registered in India, theCentral Government may, by notification in the Official Gazette, direct that theprovisions of this section, with such variations or additions, if any, as may be set out insuch notification, shall apply for the protection of designs registered in thatCommonwealth country.”25.Omit sections 78B, 78C, 78D and 78E.26.Omit the Schedule. 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