be an infringement of exclusive right to sell or distribute under sub-section (1).
Provided that nothing in this sub-section shall apply in a case where a person makes or uses an article or a substance with a view to sell or distribute the same the details of invention relatable thereto were given by a person who was holding an exclusive right to sell or distribute the article or substance.
24C. Compulsory licences – The provisions in relation to compulsory licences in Chapter XVI shall, subject to the necessary modifications, apply in relation to an exclusive right to sell or distribute under Section 24B as they apply to, and in relation to , a right under a patent to sell or distribute and for that purpose the following modifications shall be deemed to have been made to the provisions of that Chapter and all their grammatical variations and cognate expressions shall be construed accordingly, namely:
- a. throughout Chapter XVI,
- (i)working of the invention shall be deemed to be selling or distributing of the article or substance;
- (ii) reference to "patents" shall be deemed to be references to "right to sell or distribute";
- (iii) references to "patented article" shall be deemed to be references to "an article for which exclusive right to sell or distribute has been granted";
- b. three years from the date of sealing of a patent in section 84 shall be deemed to be two years from the date of approval by the Controller for exclusive right to sell or distribute under section 24B;
- c. the time which has elapsed since the sealing of a patent under section 85 shall be deemed to be the time which has elapsed since the approval by the Controller for exclusive right to sell or distribute under section 24B;
- d. clauses (d) and (e) of section 90 shall be omitted.
24D. Special provision for selling or distribution –
1. Without prejudice to the provisions of any other law for the time being in force, where, at any time after an exclusive right to sell or distribute any article or substance has been granted under sub-section 91) of Section 24B, the Central Government is satisfied that it is necessary or expedient in public interest o sell or distribute the article or substance by a person other than a person to whom exclusive right has been granted under sub-section (1) of Section 24B; it may, by itself or through any person authorized in writing by it in this behalf, sell or distribute the article or substance.
2. The Central Government may, by notification in the Official Gazette and at any time after an exclusive right to sell or distribute an article or a substance has been granted, direct, in the public interest and for reasons to be stated, that the said article or substance shall be sold at a price determined by an authority specified by it in this behalf.
24E. Suit relating to infringement – All suits relating to infringement of a right under section 24B shall be dealt with in the same manner as if they are suits concerning infringement of patent under Chapter XVIII.
