Section 110

Right of licensee under section 84 to take proceedings against infringement.

The Patents Act, 1970

  • Act 39 of 1970
  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
About this Act

An Act to amend and consolidate the law relating to patents.

All sections
    Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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