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

Arjun and Bhavna are registered co-proprietors of a patent. Arjun wants to license it to Orbit Ltd, but Bhavna refuses to agree, and there is no agreement between them. Arjun applies to the Controller, who directs the grant of the licence. Bhavna fails to sign the licence instrument within fourteen days of Arjun's written request. What may the Controller do?

The Controller may, on Arjun's application, empower a person to execute the instrument in Bhavna's name, but only after giving Bhavna a hearing. Section 51(2) and 51(3)(b) provide this where a co-proprietor defaults for fourteen days after written request.

  1. ACancel the patent for non-cooperation of co-proprietors
  2. BOn Arjun's application, empower a person to execute the instrument in Bhavna's name, after hearing BhavnaCorrect
  3. CDo so without hearing Bhavna, since she is in default
  4. DTransfer Bhavna's share to Arjun automatically

Explanation

Section 51(2) lets the Controller, on application by the other registered person, empower someone to execute the instrument on behalf of the defaulter. Section 51(3)(b) requires the Controller to give the person in default an opportunity to be heard first. Neither cancellation nor automatic share transfer is provided.

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