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

Two individuals, Sunita and Vikram, are registered co-proprietors of a patent with no contrary agreement. Sunita grants an exclusive licence to Zenith Ltd without telling Vikram. Which statement is correct?

Sunita cannot grant the licence without Vikram's consent. Section 50(3) requires the consent of the other registered co-proprietors for any licence or assignment of a share, subject to section 51 and any agreement.

  1. AThe licence is valid because each co-proprietor can license independently
  2. BThe licence is valid if Zenith Ltd pays royalty to both co-proprietors
  3. CThe licence is valid because the Controller is deemed to have approved it
  4. DThe licence cannot be granted by Sunita except with Vikram's consentCorrect

Explanation

Section 50(3) provides that, subject to section 51 and any agreement, a licence under the patent shall not be granted by one co-proprietor except with the consent of the others. Vikram has not consented. Independent working under section 50(2) does not extend to licensing.

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