69. Registration of
assignments transmissions, etc.- (1)Where any person
becomes entitled by assignment, transmission or operation
of law to a patent or to a share in a patent or becomes entitled
as a mortgagee, licensee or otherwise to any other interest
in a patent, he shall apply in writing in the prescribed manner
to the Controller for the registration of his title or, as
the case may be, of notice of his interest in the register.
(2) Without prejudice to the provisions of sub-section (1),
an application for the registration of the title of any person
becoming entitled by assignment to a patent or a share in
a patent or becoming entitled by virtue of a mortgage, licence
or other instrument to any other interest in a patent may
be made in the prescribed manner by the assignor, mortgagor,
licensor or other party to that instrument, as the case may
be.
(3) Where an application is made under this section for the
registration of the title of any person the Controller shall,
upon proof of title to his satisfaction,-
(a) where that person is entitled to a patent or a share
in a patent register him in the register as proprietor or
co-proprietor of the patent, and enter in the register particulars
of the instrument or event by which he derives title ; or
(b) where that person is entitled to any other interest in
the patent, enter in the register notice of his interest,
with particulars of the instrument, if any, creating it:
Provided that if there is any dispute between the parties
whether the assignment, mortgage, licence, transmission, operation
of law or any other such transaction has validly vested in
such person a title to the patent or any share or interest
therein, the Controller may refuse to take any action under
clause (a) or, as the case may be, under clause (b), until
the rights of the parties have been determined by a competent
court.
(4) There shall be supplied to the Controller in the prescribed
manner for being filed in the patent office copies of all
agreements, licences and other documents affecting the title
to any patent or any licence thereunder authenticated in the
prescribed manner and also such other documents as may be
prescribed relevant to the subject- matter:
Provided that in the case of a licence granted under a patent,
the Controller shall, if so requested by the patentee or licensee,
take steps for securing that the terms of the licence are
not disclosed to any person except under the order of a court.
(5) Except for the purposes of an application under sub-section
(1) or of an application to rectify the register, a document
in respect of which no entry has been made in the register
under sub section (3) shall not be admitted by the Controller
or by any court as evidence of the title of any person to
a patent or to a share or interest therein unless the Controller
or the court, for reasons to be recorded in writing, otherwise
directs.
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