Section 77

Controller to have certain powers of a civil court.

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
    (1)Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure,1908 (5 of 1908), in respect of the following matters, namely:--
         (a) summoning and enforcing the attendance of any person and examining him on oath;
         (b) requiring the discovery and production of any document;
         (c) receiving evidence on affidavits;
         (d) issuing commissions for the examination of witnesses or documents;
         (e) awarding costs;
         (f) reviewing his own decision on application made within the prescribed time and in the prescribed manner;
         (g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;
         (h) any other matter which may be prescribed.
     (2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.

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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