49. Patent rights
not infringed when used on foreign vessels, etc., temporarily
or accidentally in India.- (1) Where a vessel or
aircraft registered in a foreign country or a land vehicle
owned by a person ordinarily resident in such country comes
into India (including the territorial waters thereof) temporarily
or accidentally only, the rights conferred by a patent for
an invention shall not be deemed to be infringed by the use
of the invention-
(a) in the body of the vessel or in the machinery, tackle,
apparatus or other accessories thereof, so far as the invention
is used on board the vessel and for its actual needs only;
or
(b) in the construction or working of the aircraft or land
vehicle or of the accessories thereof, as the case may be.
(2) This section shall not extend to vessels, aircraft or
land vehicles owned by person ordinarily resident in a foreign
country the laws of which do not confer corresponding rights
with respect to the use of inventions in vessels, aircraft
or land vehicles owned by persons ordinarily resident in India
while in the ports or within the territorial waters of that
foreign country or otherwise within the jurisdiction of its
courts.
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