Case Note & Summary
The case involved a dispute regarding the grant of Exclusive Marketing Rights (EMR) under the Patents Act, 1970. The writ petitioners, Glaxo Smith Kline PLC and others, filed an application for a patent on August 28, 1998, and subsequently sought EMR on June 30, 2000. The Controller of Patents initially rejected their EMR application on May 3, 2002, leading to multiple writ petitions filed before the Calcutta High Court. The High Court set aside the Controller's order and remanded the matter for reconsideration. However, following amendments to the Patents Act effective January 1, 2005, which deleted Chapter IV-A concerning EMR, the Controller rejected the application again on December 28, 2004. The writ petitioners challenged this rejection, leading to appeals by the Controller and the Union of India, who argued that the amendments rendered the writ petition non-maintainable. The court analyzed the implications of the repeal of Chapter IV-A and the transitional provisions under Section 78 of the Amending Act. It concluded that the repeal did not extinguish the rights of the applicants whose applications were pending prior to the repeal, as established by Section 6 of the General Clauses Act. The court upheld the learned Single Judge's order, allowing the writ petitioners' challenge and ruling that the appeals by the Controller and Union of India were not sustainable. The appeal was allowed without any order as to costs.
Headnote
A) Patent Law - Exclusive Marketing Rights - Effect of Repeal - Patents Act, 1970, Section 78 - The court held that the repeal of Chapter IV-A does not affect the rights of applicants whose applications were pending prior to the repeal, as per Section 6 of the General Clauses Act. The learned Single Judge's order was upheld, allowing the writ petitioners' challenge to the Controller's order (Paras 9-10).
Issue of Consideration
Whether the repeal of Chapter IV-A of the Patents Act affects the pending applications for Exclusive Marketing Rights.
Final Decision
The Supreme Court allowed the appeal, upholding the learned Single Judge's order and ruling that the repeal of Chapter IV-A did not affect the pending applications for EMR. The appeals by the Controller and Union of India were dismissed without costs.
Law Points
- Patent rights
- Exclusive Marketing Rights
- General Clauses Act
- Repeal effect
- Transitional provisions
