Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Tara is the sole registered proprietor of a patent. Notice of Uday's right to a share of the benefits has been entered in the register. Tara now wants to assign the patent. Under the Patents Act, 1970, how does this affect Tara's power to deal with the patent?

Tara can assign the patent, but her power is subject to Uday's rights of which notice is entered in the register. A registered proprietor may assign, license or otherwise deal with the patent, but not free of noted rights or enforceable equities.

  1. AShe has no power to assign it at all
  2. BHer power to assign is subject to rights of which notice is entered in the registerCorrect
  3. CHer power is unaffected, because register entries are irrelevant
  4. DShe may assign it only to Uday

Explanation

Section 70 gives the registered proprietor power to assign, license or otherwise deal with the patent, subject to the co-ownership provisions and to any rights of other persons of which notice is entered in the register. Tara can still assign, but subject to Uday's noted rights. Equities may also be enforced as for other movable property.

Did you get it right without looking?

One question tells you little. A timed set on Intellectual Property Rights shows your real accuracy, how long you take and where you lose marks.

Practise Intellectual Property RightsFree diagnostic mock

More Intellectual Property Rights questions