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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Anand & Associates is a firm of patent consultants. One of its partners, Dinesh, was earlier convicted of an offence under section 123 of the Patents Act, 1970. The firm seeks recognition as agent before the Controller. What is the legal position?

The Controller may refuse to recognise the firm. Section 131(1)(d) allows refusal where a partner is someone the Controller could refuse to recognise, such as a person convicted under section 123. The power is discretionary, not mandatory.

  1. AThe Controller must refuse recognition because Dinesh is a partner
  2. BThe Controller may refuse to recognise the firm because a person he could refuse to recognise is a partnerCorrect
  3. CThe firm must be recognised since the conviction relates to an individual only
  4. DThe Controller may refuse only if Dinesh is also a director of a company

Explanation

Section 131(1)(d) lets the Controller refuse to recognise any company or firm if a person he could refuse to recognise acts as director or manager of the company or is a partner in the firm. Dinesh, convicted under section 123, falls within clause (b). The power is discretionary, so 'must refuse' is wrong, and partnership is enough without directorship.

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