Section 53A: Resale share right in original copies.

Context: (1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the fir st owner of rights under section 17 or his legal heirs shall, notwithstanding any assignm ent of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section: Provided that such right shall cease to exist on the expiration of the term of copyright in the work. (2) The share referred to in sub -section (1) shall be such as the Appellate Board may fix and the decision of the Appellate Board in this behalf shall be final: Provided that the Appellate Board may fix different shares for different classes of work: Provided further that in no case shall the share exceed ten percent, of the resale price. (3) If any dispute arises regarding the right conferred by this section, it shall be referred to the Appellate Board whose decision shall be final.

Question: What does sub-section (1) of Section 53A provide?

Answer: In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the fir st owner of rights under section 17 or his legal heirs shall, notwithstanding any assignm ent of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section: Provided that such right shall cease to exist on the expiration of the term of copyright in the work.


Question: Under Section 53A, what is stated in sub-section (2)?

Answer: The share referred to in sub -section (1) shall be such as the Appellate Board may fix and the decision of the Appellate Board in this behalf shall be final: Provided that the Appellate Board may fix different shares for different classes of work: Provided further that in no case shall the share exceed ten percent, of the resale price.


Question: What does Section 53A(3) say?

Answer: If any dispute arises regarding the right conferred by this section, it shall be referred to the Appellate Board whose decision shall be final.


Section 54: Definition.

Context: For the purposes of this Chapter, unless the context otherwise requires, the expression “owner of copyright” shall include— (a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, dramati c, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the a uthors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the Appellate Board by that author or his legal representatives.

Question: What does clause (a) of Section 54 provide?

Answer: an exclusive licensee;


Section 54: Definition.

Question: Under Section 54, what is stated in clause (b)?

Answer: in the case of an anonymous or pseudonymous literary, dramati c, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the a uthors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the Appellate Board by that author or his legal representatives.


Section 55: Civil remedies for infringement of copyright.

Context: (1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in r espect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable. (2) Where, in the case of a literary, dramatic, musical or artist ic work, or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be. (3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.

Question: What does sub-section (1) of Section 55 provide?

Answer: Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in r espect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.


Question: Under Section 55, what is stated in sub-section (2)?

Answer: Where, in the case of a literary, dramatic, musical or artist ic work, or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.


Question: What does Section 55(3) say?

Answer: The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.


Section 56: Protection of separate rights.

Context: Subject to the provisions of thi s Act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.

Question: What does Section 56 provide regarding protection of separate rights?

Answer: Subject to the provisions of thi s Act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.


Section 57: Author’s special right s.

Context: (1) Independently of the author ’s copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right— (a) to claim authorship of the work; and (b) to restrain or claim damages in respect of any distortion, mutilation, modi fication or other act in relation to the said work if such distortion, mutilation, modi fication or other act would be prejudicial to his honour or reputation: Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies. Explanation.—Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section. (2) The right conferred upon an auth or of a work by sub -section (1), , may be exercised by the legal representatives of the author.

Question: What does sub-section (1) of Section 57 provide?

Answer: Independently of the author ’s copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right— (a) to claim authorship of the work; and (b) to restrain or claim damages in respect of any distortion, mutilation, modi fication or other act in relation to the said work if such distortion, mutilation, modi fication or other act would be prejudicial to his honour or reputation: Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies. Explanation.—Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.


Section 57: Author’s special right s.

Question: Under Section 57, what is stated in sub-section (2)?

Answer: The right conferred upon an auth or of a work by sub -section (1), , may be exercised by the legal representatives of the author.


Section 59: Restriction on remedies in the case of works of a rchitecture.

Context: (1) Notwithstanding anything contained in the Specific Relief Act, 1963 (47 of 1963), where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition. (2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.

Question: What does sub-section (1) of Section 59 provide?

Answer: Notwithstanding anything contained in the Specific Relief Act, 1963 (47 of 1963), where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.


Question: Under Section 59, what is stated in sub-section (2)?

Answer: Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.


Section 61: Owner of copyright to be party to the proceeding.

Context: (1) In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee. (2) Where any civil suit or other proceeding regarding infringement of copyright institu ted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.

Question: What does sub-section (1) of Section 61 provide?

Answer: In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee.


Question: Under Section 61, what is stated in sub-section (2)?

Answer: Where any civil suit or other proceeding regarding infringement of copyright institu ted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.


Section 62: Jurisdiction of court over matters arising under this Chapter.

Context: (1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction. (2) For the purpose of sub-section ( 1), a “district court having jurisdiction ” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose juris diction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

Question: What does sub-section (1) of Section 62 provide?

Answer: Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.


Question: Under Section 62, what is stated in sub-section (2)?

Answer: For the purpose of sub-section ( 1), a “district court having jurisdiction ” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose juris diction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.


Section 63: Offences of infringement of copyright or other rights conferred by this Act.

Context: Any person who knowingly infringes or abets the infringement of— (a) the copyright in a work, or (b) any other right conferred by this Act except the right conferred by section 53A, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Explanation.—Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

Question: What does clause (a) of Section 63 provide?

Answer: the copyright in a work, or


Question: Under Section 63, what is stated in clause (b)?

Answer: any other right conferred by this Act except the right conferred by section 53A, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Explanation.—Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.


Section 63B: Knowing use of infringing copy of computer programme to be an offence.

Context: Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand ru pees but which may extend to two lakh rupees: Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.

Question: What does Section 63B provide regarding knowing use of infringing copy of computer programme to be an offence?

Answer: Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand ru pees but which may extend to two lakh rupees: Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.


Section 64: Power of police to seize infringing copies.

Context: (1) Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all the plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate. (2) Any person having an interest in any copies of a work , or plates seized under sub -section (1) may, within fifteen days of such seizure, make an applicat ion to the Magistrate for such copies , or plates being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.

Question: What does sub-section (1) of Section 64 provide?

Answer: Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all the plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.


Question: Under Section 64, what is stated in sub-section (2)?

Answer: Any person having an interest in any copies of a work , or plates seized under sub -section (1) may, within fifteen days of such seizure, make an applicat ion to the Magistrate for such copies , or plates being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.


Section 65: Possession of plates for purpose of making infringing copies.

Context: Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

Question: What does Section 65 provide regarding possession of plates for purpose of making infringing copies?

Answer: Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.


Section 65A: Protection of technological measures.

Context: (1) Any person who circumvents an effective technological measures applied for the purpose of protecting any of the rights conferred by this Ac t, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) shall prevent any person from,— (a) doing anything referred to therein for a purpose not expressly prohibited by this Act: Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all r elevant particulars necessary to identify him and the purpose for which he has been facilitated; or (b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or (c) conducting any lawful investigation; or (d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or (e) operator; or (f) doing anything necess ary to circumvent technological measures intended for identificatio n or surveillance of a user; or (g) taking measures necessary in the interest of national security.

Question: What does sub-section (1) of Section 65A provide?

Answer: Any person who circumvents an effective technological measures applied for the purpose of protecting any of the rights conferred by this Ac t, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.


Question: Under Section 65A, what is stated in sub-section (2)?

Answer: Nothing in sub-section (1) shall prevent any person from,— (a) doing anything referred to therein for a purpose not expressly prohibited by this Act: Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all r elevant particulars necessary to identify him and the purpose for which he has been facilitated; or (b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or (c) conducting any lawful investigation; or (d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or (e) operator; or (f) doing anything necess ary to circumvent technological measures intended for identificatio n or surveillance of a user; or (g) taking measures necessary in the interest of national security.


Section 66: Disposal of infringing copies or plates for purpose of making infringing copies.

Context: The Court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright or may make such order as it may deem fit regarding the disposal of such copies of plates.

Question: What does Section 66 provide regarding disposal of infringing copies or plates for purpose of making infringing copies?

Answer: The Court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright or may make such order as it may deem fit regarding the disposal of such copies of plates.


Section 67: Penalty for making false entries in register, etc., for producing or tendering false entries.

Context: Any person who,— (a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or (b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or (c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

Question: What does clause (a) of Section 67 provide?

Answer: makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or


Question: Under Section 67, what is stated in clause (b)?

Answer: makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or


Question: What does Section 67 say in clause (c)?

Answer: produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.


Section 69: Offences by companies.

Context: (1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any person liable to any punishment, if he proves that the offence was committed without his know ledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligen ce on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (a) “company” means any body corporate and includes a firm or other association of persons; and (b) “director” in relation to a firm means a partner in the firm.

Question: What does sub-section (1) of Section 69 provide?

Answer: Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any person liable to any punishment, if he proves that the offence was committed without his know ledge or that he exercised all due diligence to prevent the commission of such offence.


Section 69: Offences by companies.

Question: Under Section 69, what is stated in sub-section (2)?

Answer: Notwithstanding anything contained in sub -section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligen ce on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (a) “company” means any body corporate and includes a firm or other association of persons; and (b) “director” in relation to a firm means a partner in the firm.


Section 70: Cognizance of offences.

Context: No Court inferior t o that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.

Question: What does Section 70 provide regarding cognizance of offences?

Answer: No Court inferior t o that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.


Section 71: Appeals against certain orders of Magistrate.

Context: Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

Question: What does Section 71 provide regarding appeals against certain orders of magistrate?

Answer: Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.


Section 72: Appeals against orders of Registrar of Copyrights and Appellate Board.

Context: (1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Appellate Board. (2) Any person aggrieved by any final decision or order of the Appellate Board, not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain: Provided that no such appeal shall lie against a decision of the Appellate Board under section 6. (3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.

Question: What does sub-section (1) of Section 72 provide?

Answer: Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Appellate Board.


Question: Under Section 72, what is stated in sub-section (2)?

Answer: Any person aggrieved by any final decision or order of the Appellate Board, not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain: Provided that no such appeal shall lie against a decision of the Appellate Board under section 6.


Question: What does Section 72(3) say?

Answer: In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.


Section 74: Registrar of Copyrights and Appellate Board to possess certain powers of civil courts.

Context: The Registrar of Copyrights and the Appellate Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, — (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) requisitioning any public record or copy thereof from any court or office; (f) any other matter which may be prescribed. Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the Appellate Board, as the case may be, shall be the limits of the territory of India.

Question: What does clause (a) of Section 74 provide?

Answer: summoning and enforcing the attendance of any person and examining him on oath;


Question: Under Section 74, what is stated in clause (b)?

Answer: requiring the discovery and production of any document;


Question: What does Section 74 say in clause (c)?

Answer: receiving evidence on affidavits;


Question: What does clause (d) of Section 74 provide?

Answer: issuing commissions for the examination of witnesses or documents;


Question: Under Section 74, what is stated in clause (e)?

Answer: requisitioning any public record or copy thereof from any court or office;


Question: What does Section 74 say in clause (f)?

Answer: any other matter which may be prescribed. Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the Appellate Board, as the case may be, shall be the limits of the territory of India.


Section 75: Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree.

Context: Every order made by the Registrar of Copyrigh ts or the Appellate Board under this Act for the payment of any money or by the High Court in any appeal against any such order of the Appellate Board shall, on a certificate issued by the Registrar of Copyrights, the Appellate Board or the Registrar of the High Court, as the case may be, be deemed to be a d ecree of a civil court and shall be executable in the same manner as a decree of such court.

Question: What does Section 75 provide regarding orders for payment of money passed by registrar of copyrights and appellate board to be executable as a decree?

Answer: Every order made by the Registrar of Copyrigh ts or the Appellate Board under this Act for the payment of any money or by the High Court in any appeal against any such order of the Appellate Board shall, on a certificate issued by the Registrar of Copyrights, the Appellate Board or the Registrar of the High Court, as the case may be, be deemed to be a d ecree of a civil court and shall be executable in the same manner as a decree of such court.


Section 76: Protection of action taken in good faith.

Context: No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

Question: What does Section 76 provide regarding protection of action taken in good faith?

Answer: No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.


Section 78: Power to make rules.

Context: (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing po wer, the Central Government may make rules to provide for all or any of the following matters, namely:— * * * * *; (b) the form of complaints and applications to be made, and the licences to be granted, under this Act; (c) the procedure to be fol lowed in connection with any proceeding before the Registrar of Copyrights; (cA) the form and manner in which an organisation may apply to the Appellate Board for compulsory licence for disabled and the fee which may accompany such application under sub-section 31B; (cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31C; (cC) the register and books of account and the details of existi ng stock which a person making sound recording may maintain under sub-section (5) of section 31C; (cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31D; (cE) the reports and acc ounts which may be maintained under clause ( a), and the inspection of records and books of account which may be made under clause (b) or sub-section (7) of section 31D; (ca) the conditions for submission of application under sub-section (2) of section 33; (cb) the conditions subject to which a copyright society may be registered under sub -section (3) of section 33;

Question: What does sub-section (1) of Section 78 provide?

Answer: The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.


Section 78: Power to make rules.

Question: Under Section 78, what is stated in sub-section (2)?

Answer: In particular, and without prejudice to the generality of the foregoing po wer, the Central Government may make rules to provide for all or any of the following matters, namely:— * * * * *; (b) the form of complaints and applications to be made, and the licences to be granted, under this Act;


Section 78: Power to make rules.

Question: What does Section 78 say in clause (c)?

Answer: the procedure to be fol lowed in connection with any proceeding before the Registrar of Copyrights; (cA) the form and manner in which an organisation may apply to the Appellate Board for compulsory licence for disabled and the fee which may accompany such application under sub-section 31B; (cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31C; (cC) the register and books of account and the details of existi ng stock which a person making sound recording may maintain under sub-section (5) of section 31C; (cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31D; (cE) the reports and acc ounts which may be maintained under clause ( a), and the inspection of records and books of account which may be made under clause


Section 78: Power to make rules.

Question: What does clause (b) of Section 78 provide?

Answer: or sub-section (7) of section 31D;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (ca)?

Answer: the conditions for submission of application under sub-section (2) of section 33;


Section 78: Power to make rules.

Question: What does Section 78 say in clause (cb)?

Answer: the conditions subject to which a copyright society may be registered under sub -section (3) of section 33;


Section 78: Power to make rules.

Context: (cc) the inquiry for cancellation of registration under sub-section (4) of section 33; (ccA) the manner in which a copyright society may p ublish its Tariff Scheme under sub-section (1) of section 33A; (ccB) the fee which is to be paid before filing an appeal to the Appellate Board under sub-section (2) of section 33A; (ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (3A) of section 33; (cd) the conditions subject to which the copyright society may accept authorisation under clause (a) of sub-section (1) of section 34 and the conditions subject to which owners o r rights have right to withdraw such authorisation under clause (d) of that sub-section; (ce) the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34; (cf) the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and t o provide to such owners information concerning activities in relation to the administration of their rights under sub -section (1) of section 35; (cg) the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36; (d) the manners of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties; (da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52; (e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered therein;

Question: What does clause (cc) of Section 78 provide?

Answer: the inquiry for cancellation of registration under sub-section (4) of section 33; (ccA) the manner in which a copyright society may p ublish its Tariff Scheme under sub-section (1) of section 33A; (ccB) the fee which is to be paid before filing an appeal to the Appellate Board under sub-section (2) of section 33A; (ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (3A) of section 33;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (cd)?

Answer: the conditions subject to which the copyright society may accept authorisation under clause


Section 78: Power to make rules.

Question: What does Section 78 say in clause (a)?

Answer: of sub-section (1) of section 34 and the conditions subject to which owners o r rights have right to withdraw such authorisation under clause


Section 78: Power to make rules.

Question: What does clause (d) of Section 78 provide?

Answer: of that sub-section;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (ce)?

Answer: the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34;


Section 78: Power to make rules.

Question: What does Section 78 say in clause (cf)?

Answer: the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and t o provide to such owners information concerning activities in relation to the administration of their rights under sub -section (1) of section 35;


Section 78: Power to make rules.

Question: What does clause (cg) of Section 78 provide?

Answer: the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (d)?

Answer: the manners of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;


Section 78: Power to make rules.

Question: What does Section 78 say in clause (da)?

Answer: the manner of payment of royalty under clause


Section 78: Power to make rules.

Question: What does clause (j) of Section 78 provide?

Answer: of sub-section (1) of section 52;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (e)?

Answer: the form of Register of Copyrights to be kept under this Act and the particulars to be entered therein;


Section 78: Power to make rules.

Context: (f) the matters in respect of which the Registrar of Copyrights and the Appellate Board shall have powers of a civil court; (g) the fees which may be payable under this Act; (h) the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights. (3) Every rule made under this section shall be l aid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immedi ately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be o f no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Question: What does Section 78 say in clause (f)?

Answer: the matters in respect of which the Registrar of Copyrights and the Appellate Board shall have powers of a civil court;


Section 78: Power to make rules.

Question: What does clause (g) of Section 78 provide?

Answer: the fees which may be payable under this Act;


Section 78: Power to make rules.

Question: Under Section 78, what is stated in clause (h)?

Answer: the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights.


Section 78: Power to make rules.

Question: What does Section 78(3) say?

Answer: Every rule made under this section shall be l aid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immedi ately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be o f no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


Section 79: Repeals, savings and transitional provisions.

Context: (1) The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 ( 3 of 1914), are hereby repealed. (2) Where any person has, before the commencement of this A ct, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or perfor mance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance, agrees to pay such compensation as, failing agreement , may be determined by the Appellate Board. (3) Copyright shall no t subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).

Question: What does sub-section (1) of Section 79 provide?

Answer: The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 ( 3 of 1914), are hereby repealed.


Question: Under Section 79, what is stated in sub-section (2)?

Answer: Where any person has, before the commencement of this A ct, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or perfor mance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance, agrees to pay such compensation as, failing agreement , may be determined by the Appellate Board.


Question: What does Section 79(3) say?

Answer: Copyright shall no t subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).


Context: (4) Where copyright subsisted in any work immediately before the comme ncement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be— (a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest; (b) in any other case, the person who was the first owner of the copyrig ht in the work under any Act repealed by sub-section (1) or his legal representatives. (5) Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act has not come into force. (6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement. (7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.

Question: What does sub-section (4) of Section 79 provide?

Answer: Where copyright subsisted in any work immediately before the comme ncement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be— (a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest; (b) in any other case, the person who was the first owner of the copyrig ht in the work under any Act repealed by sub-section (1) or his legal representatives.


Question: Under Section 79, what is stated in sub-section (5)?

Answer: Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act has not come into force.


Question: What does Section 79(6) say?

Answer: Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.


Question: What does sub-section (7) of Section 79 provide?

Answer: Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.


Section 1: Short title, extent and commencement

Context:
(1) This Act may be called the Patents Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Question: What does subsection (1) of Section 1 provide?

Answer: This Act may be called the Patents Act, 1970


Question: Under Section 1, what may this Act be called?

Answer: the Patents Act, 1970


Question: According to subsection (2) of Section 1, what is provided?

Answer: It extends to the whole of India


Question: To what does this Act extend under Section 1?

Answer: the whole of India


Question: What is stated in subsection (3) of Section 1?

Answer: It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:


Question: What does Section 1 say about when this Act shall come into force?

Answer: such date as the Central Government may, by notification in the Official Gazette, appoint


Question: What does the proviso in Section 1 say?

Answer: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision


Question: In Section 1, what is different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act to be?

Answer: construed as a reference to the coming into force of that provision


Section 2: Definitions and interpretation

Context:
(1) In this Act, unless the context otherwise requires,— 3* * * *;
(ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;
(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;
(ac) "capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry;

Question: According to subsection (1) of Section 2, what is provided?

Answer: In this Act, unless the context otherwise requires,— 3* * * *


Question: What does clause (ab) of Section 2 state?

Answer: "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person


Question: What is included within "assignee" under Section 2?

Answer: an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person


Question: According to Section 2, what shall "assignee" be?

Answer: an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person


Question: What does clause (aba) of Section 2 state?

Answer: "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time


Question: In Section 2, how is "Budapest Treaty" defined?

Answer: the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time


Question: According to Section 2, what shall "budapest treaty" be?

Answer: the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time


Question: What does clause (ac) of Section 2 state?

Answer: "capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry


Question: In Section 2, what is "capable of industrial application", in relation to an invention to be?

Answer: that the invention is capable of being made or used in an industry


Context:
(b) "Controller" means the Controller General of Patents, Designs and Trade Marks referred to in section 73;
(c) "convention application" means an application for a patent made by virtue of section 135;
(d) "convention country" means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 6referred to as a convention country in section 133;
(e) "district court" has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908);

Question: What is laid down in clause (b) of Section 2?

Answer: "Controller" means the Controller General of Patents, Designs and Trade Marks referred to in section 73


Question: What does "Controller" mean under Section 2?

Answer: the Controller General of Patents, Designs and Trade Marks referred to in section 73


Question: In Section 2, what is "controller" to be?

Answer: the Controller General of Patents, Designs and Trade Marks referred to in section 73


Question: What is laid down in clause (c) of Section 2?

Answer: "convention application" means an application for a patent made by virtue of section 135


Question: What does "convention application" mean under Section 2?

Answer: an application for a patent made by virtue of section 135


Question: In Section 2, what is "convention application" to be?

Answer: an application for a patent made by virtue of section 135


Question: What is laid down in clause (d) of Section 2?

Answer: "convention country" means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 6referred to as a convention country in section 133


Question: What does "convention country" mean under Section 2?

Answer: a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 6referred to as a convention country in section 133


Question: In Section 2, what is "convention country" to be?

Answer: a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 6referred to as a convention country in section 133


Question: What is laid down in clause (e) of Section 2?

Answer: "district court" has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908)


Context:
(f) "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly; 1. 1-4-1978, vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 1 and sub-section (2) of s. 13, s. 28, s. 68, and ss. 1 to 132 see Gazette of India, Part II, sec. 3 (ii).
(h) "Government undertaking" means any industrial undertaking carried on—
(i) by a department of the Government, or
(ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or

Question: What does clause (f) of Section 2 state?

Answer: "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly; 1. 1-4-1978, vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 1 and sub-section (2) of s. 13, s. 28, s. 68, and ss. 1 to 132 see Gazette of India, Part II, sec. 3 (ii)


Question: In Section 2, how is "exclusive licence" defined?

Answer: a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly


Question: According to Section 2, what shall "exclusive licence" be?

Answer: a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly


Question: What does clause (h) of Section 2 state?

Answer: "Government undertaking" means any industrial undertaking carried on—


Question: In Section 2, how is "Government undertaking" defined?

Answer: any industrial undertaking carried on


Question: According to Section 2, what shall "government undertaking" be?

Answer: any industrial undertaking carried on—


Question: What does clause (i) of Section 2 state?

Answer: by a department of the Government, or


Question: According to clause (ii) of Section 2, what is provided?

Answer: by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or


Context:
(iii) by a Government company as defined in section 6 of the Companies Act, 1956 (1 of 1956), 1or
(iv) by an institution wholly or substantially financed by the Government;
(i) "High Court", in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;
(ia) "international application" means an application for patent made in accordance with the Patent Cooperation Treaty;

Question: What is laid down in clause (iii) of Section 2?

Answer: by a Government company as defined in section 6 of the Companies Act, 1956 (1 of 1956), 1or


Question: What does clause (iv) of Section 2 state?

Answer: by an institution wholly or substantially financed by the Government


Question: According to clause (i) of Section 2, what is provided?

Answer: "High Court", in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be


Question: According to Section 2, what shall "high court", in relation to a state or union territory be?

Answer: the High Court having territorial jurisdiction in that State or Union territory, as the case may be


Question: What does clause (ia) of Section 2 state?

Answer: "international application" means an application for patent made in accordance with the Patent Cooperation Treaty


Question: In Section 2, how is "international application" defined?

Answer: an application for patent made in accordance with the Patent Cooperation Treaty


Question: According to Section 2, what shall "international application" be?

Answer: an application for patent made in accordance with the Patent Cooperation Treaty


Context:
(j) "invention" means a new product or process involving an inventive step and capable of industrial application;
(ja) "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;
(k) "legal representative" means a person who in law represents the estate of a deceased person;
(l) "new invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art;

Question: What does clause (j) of Section 2 state?

Answer: "invention" means a new product or process involving an inventive step and capable of industrial application


Question: In Section 2, how is "invention" defined?

Answer: a new product or process involving an inventive step and capable of industrial application


Question: According to Section 2, what shall "invention" be?

Answer: a new product or process involving an inventive step and capable of industrial application


Question: What does clause (ja) of Section 2 state?

Answer: "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art


Question: In Section 2, how is "inventive step" defined?

Answer: a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art


Question: According to Section 2, what shall "inventive step" be?

Answer: a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art


Question: What does clause (k) of Section 2 state?

Answer: "legal representative" means a person who in law represents the estate of a deceased person


Question: In Section 2, how is "legal representative" defined?

Answer: a person who in law represents the estate of a deceased person


Question: According to Section 2, what shall "legal representative" be?

Answer: a person who in law represents the estate of a deceased person


Question: What does clause (l) of Section 2 state?

Answer: "new invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art


Question: In Section 2, how is "new invention" defined?

Answer: any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art


Question: According to Section 2, what shall "new invention" be?

Answer: any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i


Context:
(la) "Opposition Board" means an Opposition Board constituted under sub-section (3) of section 25;
(m) "patent" means a patent for any invention granted under this Act;
(n) "patent agent" means a person for the time being registered under this Act as a patent agent;
(o) "patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force;

Question: What does clause (la) of Section 2 state?

Answer: "Opposition Board" means an Opposition Board constituted under sub-section (3) of section 25


Question: In Section 2, how is "Opposition Board" defined?

Answer: an Opposition Board constituted under sub-section (3) of section 25


Question: According to Section 2, what shall "opposition board" be?

Answer: an Opposition Board constituted under sub-section (3) of section 25


Question: What does clause (m) of Section 2 state?

Answer: "patent" means a patent for any invention granted under this Act


Question: In Section 2, how is "patent" defined?

Answer: a patent for any invention granted under this Act


Question: According to Section 2, what shall "patent" be?

Answer: a patent for any invention granted under this Act


Question: What does clause (n) of Section 2 state?

Answer: "patent agent" means a person for the time being registered under this Act as a patent agent


Question: In Section 2, how is "patent agent" defined?

Answer: a person for the time being registered under this Act as a patent agent


Question: According to Section 2, what shall "patent agent" be?

Answer: a person for the time being registered under this Act as a patent agent


Question: What does clause (o) of Section 2 state?

Answer: "patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force


Context:
(oa) "Patent Cooperation Treaty" means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1 as amended and modified from time to time;
(p) "patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent;
(q) "patent of addition" means a patent granted in accordance with section 54;
(r) "patent office" means the patent office referred to in section 74;

Question: According to clause (oa) of Section 2, what is provided?

Answer: "Patent Cooperation Treaty" means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1 as amended and modified from time to time


Question: Under Section 2, what is meant by "Patent Cooperation Treaty"?

Answer: the Patent Cooperation Treaty done at Washington on the 19th day of June, 1 as amended and modified from time to time


Question: Under Section 2, what shall "patent cooperation treaty" be?

Answer: the Patent Cooperation Treaty done at Washington on the 19th day of June, 1 as amended and modified from time to time


Question: According to clause (p) of Section 2, what is provided?

Answer: "patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent


Question: Under Section 2, what is meant by "patentee"?

Answer: the person for the time being entered on the register as the grantee or proprietor of the patent


Question: Under Section 2, what shall "patentee" be?

Answer: the person for the time being entered on the register as the grantee or proprietor of the patent


Question: According to clause (q) of Section 2, what is provided?

Answer: "patent of addition" means a patent granted in accordance with section 54


Question: Under Section 2, what is meant by "patent of addition"?

Answer: a patent granted in accordance with section 54


Question: Under Section 2, what shall "patent of addition" be?

Answer: a patent granted in accordance with section 54


Question: According to clause (r) of Section 2, what is provided?

Answer: "patent office" means the patent office referred to in section 74


Question: Under Section 2, what is meant by "patent office"?

Answer: the patent office referred to in section 74


Question: Under Section 2, what shall "patent office" be?

Answer: the patent office referred to in section 74


Context:
(s) "person" includes the Government;
(t) "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
(ta) "pharmaceutical substance" means any new entity involving one or more inventive steps;
(u) "prescribed" means,— (A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; (C) in other cases, prescribed by rules made under this Act;

Question: According to clause (s) of Section 2, what is provided?

Answer: "person" includes the Government


Question: According to Section 2, what does "person" include?

Answer: the Government


Question: Under Section 2, what shall "person" be?

Answer: the Government


Question: According to clause (t) of Section 2, what is provided?

Answer: "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates


Question: According to Section 2, what does "person interested" include?

Answer: a person engaged in, or in promoting, research in the same field as that to which the invention relates


Question: Under Section 2, what shall "person interested" be?

Answer: a person engaged in, or in promoting, research in the same field as that to which the invention relates


Question: According to clause (ta) of Section 2, what is provided?

Answer: "pharmaceutical substance" means any new entity involving one or more inventive steps


Question: Under Section 2, what is meant by "pharmaceutical substance"?

Answer: any new entity involving one or more inventive steps


Question: Under Section 2, what shall "pharmaceutical substance" be?

Answer: any new entity involving one or more inventive steps


Question: According to clause (u) of Section 2, what is provided?

Answer: "prescribed" means,— (A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; (C) in other cases, prescribed by rules made under this Act


Context:
(v) "prescribed manner" includes the payment of the prescribed fee;
(w) "priority date" has the meaning assigned to it by section 11;
(x) "register" means the register of patents referred to in section 67;
(y) "true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.

Question: What is laid down in clause (v) of Section 2?

Answer: "prescribed manner" includes the payment of the prescribed fee


Question: In Section 2, what does "prescribed manner" include?

Answer: the payment of the prescribed fee


Question: In Section 2, what is "prescribed manner" to be?

Answer: the payment of the prescribed fee


Question: What is laid down in clause (w) of Section 2?

Answer: "priority date" has the meaning assigned to it by section 11


Question: What does clause (x) of Section 2 state?

Answer: "register" means the register of patents referred to in section 67


Question: In Section 2, how is "register" defined?

Answer: the register of patents referred to in section 67


Question: According to Section 2, what shall "register" be?

Answer: the register of patents referred to in section 67


Question: What does clause (y) of Section 2 state?

Answer: "true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India


Question: What is excluded from "true and first inventor" under Section 2?

Answer: either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India


Question: According to Section 2, what shall "true and first inventor" be?

Answer: either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India


Context:
(2) In this Act, unless the context otherwise requires, any reference—
(a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73;
(b) to the patent office shall be construed as including a reference to any branch office of the patent office. INVENTIONS NOT PATENTABLE

Question: What does subsection (2) of Section 2 provide?

Answer: In this Act, unless the context otherwise requires, any reference—


Question: According to clause (a) of Section 2, what is provided?

Answer: to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73


Question: According to Section 2, what shall to the controller be?

Answer: construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73


Question: What does clause (b) of Section 2 state?

Answer: to the patent office shall be construed as including a reference to any branch office of the patent office. INVENTIONS NOT PATENTABLE


Question: In Section 2, what is to the patent office to be?

Answer: construed as including a reference to any branch office of the patent office


Section 3: What are not inventions

Context:
The following are not inventions within the meaning of this Act,—
(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
(b) an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
(c) the mere discovery of a scientific principle or the formulation of an abstract theory 5or discovery of any living thing or non-living substance occurring in nature;

Question: According to subsection (1) of Section 3, what is provided?

Answer: The following are not inventions within the meaning of this Act,—


Section 3: What are not inventions

Question: What does clause (a) of Section 3 state?

Answer: an invention which is frivolous or which claims anything obviously contrary to well established natural laws


Section 3: What are not inventions

Question: According to clause (b) of Section 3, what is provided?

Answer: an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment


Section 3: What are not inventions

Question: What is laid down in clause (c) of Section 3?

Answer: the mere discovery of a scientific principle or the formulation of an abstract theory 5or discovery of any living thing or non-living substance occurring in nature


Section 3: What are not inventions

Context:
(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

Question: What does clause (d) of Section 3 state?

Answer: the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant


Section 3: What are not inventions

Question: According to the explanation in Section 3, what is provided?

Answer: Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy


Section 3: What are not inventions

Question: According to Section 3, what shall —for the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance be?

Answer: considered to be the same substance, unless they differ significantly in properties with regard to efficacy


Section 3: What are not inventions

Question: What does clause (e) of Section 3 state?

Answer: a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance


Section 3: What are not inventions

Question: According to clause (f) of Section 3, what is provided?

Answer: the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way


Section 3: What are not inventions

Context:
(h) a method of agriculture or horticulture;
(i) any process for the medicinal, surgical, curative, prophylactic 2diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
(k) a mathematical or business method or a computer programme per se or algorithms;

Question: What is laid down in clause (h) of Section 3?

Answer: a method of agriculture or horticulture


Section 3: What are not inventions

Question: What does clause (i) of Section 3 state?

Answer: any process for the medicinal, surgical, curative, prophylactic 2diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products


Section 3: What are not inventions

Question: According to clause (j) of Section 3, what is provided?

Answer: plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals


Section 3: What are not inventions

Question: What is laid down in clause (k) of Section 3?

Answer: a mathematical or business method or a computer programme per se or algorithms


Section 3: What are not inventions

Context:
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
(m) a mere scheme or rule or method of performing mental act or method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;

Question: What does clause (l) of Section 3 state?

Answer: a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions


Section 3: What are not inventions

Question: According to clause (m) of Section 3, what is provided?

Answer: a mere scheme or rule or method of performing mental act or method of playing game


Section 3: What are not inventions

Question: What is laid down in clause (n) of Section 3?

Answer: a presentation of information


Section 3: What are not inventions

Question: What does clause (o) of Section 3 state?

Answer: topography of integrated circuits


Section 3: What are not inventions

Context: (p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

Question: According to clause (p) of Section 3, what is provided?

Answer: an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components


Section 4: Inventions relating to atomic energy not patentable

Context: No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962).

Question: What does Section 4 provide?

Answer: No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962)


Question: According to subsection (1) of Section 4, what is provided?

Answer: No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962)


Question: In Section 4, in respect of what shall no patent be granted?

Answer: an invention relating to atomic energy falling within sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962)


Section 6: Persons entitled to apply for patents

Context:
(1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,—
(a) by any person claiming to be the true and first inventor of the invention;
(b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
(c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

Question: What is stated in subsection (1) of Section 6?

Answer: Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,—


Question: According to Section 6, by whom may subject to the provisions contained in section 134, an application for a patent for an invention be made?

Answer: any of the following persons, that is to say,—


Question: What does clause (a) of Section 6 state?

Answer: by any person claiming to be the true and first inventor of the invention


Question: According to clause (b) of Section 6, what is provided?

Answer: by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application


Question: What is laid down in clause (c) of Section 6?

Answer: by the legal representative of any deceased person who immediately before his death was entitled to make such an application


Context: (2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person.

Question: What does subsection (2) of Section 6 provide?

Answer: An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person


Question: Who may make an application under sub-section (1) under Section 6?

Answer: any of the persons referred to therein either alone or jointly with any other person


Section 7: Form of application

Context:
(1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.
(1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India, shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.
(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.
(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application.

Question: According to subsection (1) of Section 7, what is provided?

Answer: Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office


Section 7: Form of application

Question: Under Section 7, what shall every application for a patent be?

Answer: for one invention only and shall be made in the prescribed form and filed in the patent office


Section 7: Form of application

Question: What is stated in subsection (1A) of Section 7?

Answer: Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India, shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India


Section 7: Form of application

Question: According to Section 7, what shall every international application under the patent cooperation treaty for a patent, as may be filed designating india be?

Answer: deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India


Section 7: Form of application

Question: What does subsection (1B) of Section 7 provide?

Answer: The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty


Section 7: Form of application

Question: In Section 7, what is the filing date of an application referred to in sub-section (1a) and its complete specification processed by the patent office as designated office or elected office to be?

Answer: the international filing date accorded under the Patent Cooperation Treaty


Section 7: Form of application

Question: According to subsection (2) of Section 7, what is provided?

Answer: Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application


Section 7: Form of application

Question: Under Section 7, what shall where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there be?

Answer: furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application


Section 7: Form of application

Context:
(3) Every application under this section shall state that the applicant is in possession of the invention and shall name the 3person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.
(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.

Question: What is stated in subsection (3) of Section 7?

Answer: Every application under this section shall state that the applicant is in possession of the invention and shall name the 3person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor


Section 7: Form of application

Question: According to Section 7, what shall every application under this section shall state that the applicant is in possession of the invention and shall name the 3person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application contain?

Answer: a declaration that the applicant believes the person so named to be the true and first inventor


Section 7: Form of application

Question: What does subsection (4) of Section 7 provide?

Answer: Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification


Section 7: Form of application

Question: What must be furnished with every such application (not being a convention application or an application filed under the patent cooperation treaty designating india) under Section 7?

Answer: a provisional or a complete specification


Section 8: Information and undertaking regarding foreign applications

Context:
(1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application 5or subsequently 6within the prescribed period as the Controller may allow—
(a) a statement setting out detailed particulars of such application; and
(b) an undertaking that, 8up to the date of grant of patent in India, he would keep the Controller informed in writing, from time to time, of 9detailed particulars as required under clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause within the prescribed time.

Question: According to subsection (1) of Section 8, what is provided?

Answer: Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application 5or subsequently 6within the prescribed period as the Controller may allow—


Question: What does clause (a) of Section 8 state?

Answer: a statement setting out detailed particulars of such application; and


Question: According to clause (b) of Section 8, what is provided?

Answer: an undertaking that, 8up to the date of grant of patent in India, he would keep the Controller informed in writing, from time to time, of 9detailed particulars as required under clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause within the prescribed time


Context: (2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.

Question: According to subsection (2) of Section 8, what is provided?

Answer: At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed


Question: Under Section 8, what shall at any time after an application for patent is filed in india and till the grant of a patent or refusal to grant of a patent made thereon, the controller may also require the applicant to furnish details, as be?

Answer: prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed


Section 9: Provisional and complete specifications

Context:
(1) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.
(2) Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications:
Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.

Question: What is stated in subsection (1) of Section 9?

Answer: Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned


Question: According to Section 9, what shall where an application for a patent (not being a convention application or an application filed under the patent cooperation treaty designating india) is accompanied by a provisional specification, a complete specification be?

Answer: filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned


Question: What does subsection (2) of Section 9 provide?

Answer: Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications:


Question: According to the proviso in Section 9, what is provided?

Answer: Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification


Question: According to Section 9, what shall the period of time specified under sub-section (1) be?

Answer: reckoned from the date of filing of the earliest provisional specification