83. Manner of application under section 88(2). - (1) An application under sub-section (2) of section 88 for settling the terms of the licence shall be made in Form 21 in duplicate and shall be accompanied by a statement of negotiations made between the applicant and the other party and the terms and conditions of the licence the applicant is willing to accept.
(2) In the case of applications in respect of patents for inventions referred to in sub-clause (i), or sub-clause (ii), of clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the words “Licences of Right”, under clause (a) or clause (b) of that sub-section, a statement containing an estimate of the net ex-factory sale price in bulk of the patented article and all the information relevant thereto with evidence in support thereof shall also be filed along with the application.
(3) The Controller shall send one copy of the application, the statement, if any, referred to in sub-rule (2) and the evidence to the other party and direct him to file a statement containing the terms and conditions of the licence he is prepared to accept within one month from the date of sending the said copies and serve a copy of such statement, if any, on the applicant and communicate the date of such service on the applicant to the Controller.
(4) In the case of an application in respect of a patent referred to in sub-rule (2) the Controller may also direct the other party to furnish a similar statement in reply and evidence in support thereof, and to serve a copy of the statement on the applicant.
(5) The Controller shall give the parties an opportunity of being heard within one month from the date of service of the statement or statements and evidence.
(6) The procedure specified in sub-rules (2) to (5) of rule 44, shall, so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of opposition to the grant of a patent.
(7) The Controller in determining the royalty and other remuneration reserved to the patentee shall consider the statements and may make such enquiries, as he may deem fit.
| 