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application for termination of compulsory licence under section 94(1) shall
be made in Form
21 by the patentee or any other person deriving title or interest in
the patent. The
application shall be accompanied by the evidence in support of the
application.
(2) The applicant shall serve a copy of the application and evidence on the holder of the
compulsory licence and shall inform the Controller the date on which the
service has been
effected.
(3) The holder of the compulsory licence may file his objection along with evidence, if any,
to the application within one month from the date of receipt of the application and
evidence by him to the Controller and serve a copy thereof to the applicant.
(4) No further evidence or statement shall be filed by either party except with special leave
of or on requisition by the Controller.
(5)On completion of the above proceedings, the Controller shall forthwith fix a date and
the time for the hearing of the case and shall give the parties not less than ten days’ notice
of such hearing.
(6) The procedure specified in sub-rules (2) to (5) of rule 62 so far as may be, apply to the
procedure for hearing under this rule as they apply to
the hearing in
opposition proceedings.
(7) If the Controller decides to terminate the compulsory license he shall forthwith issue an
order giving terms and conditions, if any, of such termination and serve copies of the order
to both the parties.
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CHAPTER XIV
SCIENTIFIC ADVISERS
103. Roll of scientific advisers.—(1) The Controller shall maintain a roll of scientific advisers
for the purpose of section 115. The roll shall be updated annually. The roll shall contain the
names, addresses, specimen signatures and photographs of scientific advisers, their
designations, information regarding their
educational qualifications, the disciplines of their
specialisation and their technical, practical and research experience.
(2) A person shall be qualified to have his name entered in the roll of scientific advisers, if
he—
(i) holds a degree in science, engineering or technology or equivalent;
(ii) has at least fifteen years‘ technical, practical or research experience; and
(iii) he holds or has held a responsible post in a scientific or
technical department of
the
Central or State Government or in any organisation.
103A. Disqualifications for inclusion in the roll of scientific advisers.— A person shall not
be eligible to be included in the roll of scientific advisors, if he—
(i)has been adjudged by a competent court to be of unsound mind;
(ii) is an undischarged insolvent;
(iii) being a discharged insolvent, has not obtained from the court
a certificate to the
effect that his insolvency was caused by misfortune without any misconduct on his
part;
(iv) has been convicted by a competent court, whether within or outside India of an
offence to undergo a term of imprisonment, unless the offence of which he has
been convicted has been pardoned or unless on
an application made by him, the
Central Government has, by order in this behalf, removed the disability; or
(v) has been guilty of professional misconduct.
104. Manner of application for inclusion in the roll of scientific advisers— Any interested
person may apply to the Controller for inclusion of his name in the roll of scientific advisers
by furnishing his bio-data.
105. Inclusion of the name of any other person in the roll of scientific advisers.—The
Controller may, notwithstanding anything contained in rules 103 and 104, enter the name
of any person in the roll of scientific advisers, if he is of the opinion after such inquiry as he
deems fit, that such person should be entered in the roll of scientific advisers.
106. Power to relax.—Where the Controller is of the opinion that it is necessary or
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expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the
qualifications specified in sub-rule (2) of rule 103 with respect to any person, if
such person
is otherwise well qualified.
107. Removal of names from the roll of scientific advisers.—The Controller may remove
the name of any person from the roll of scientific advisers, if—
(a) such person makes a request for such removal; or
(b) the Controller is satisfied that his name has been entered in the roll by error or
on
account of misrepresentation or suppression of any material fact; or
(c) such person has been convicted of an offence and sentenced to a term of
imprisonment or has been guilty of misconduct in his professional capacity and the
Controller is of the opinion that his name should be removed from the roll; or
(d) such person is dead:
Provided that except in the cases falling under clause (a) and (d) above, before
removing the name of any person from the roll of scientific advisers under this rule, such
person shall be given a reasonable opportunity of being heard.