The Ministry of Commerce and Industry (MoC&I) on January 03, 2024, issued the Draft Patents (2nd Amendment) Rules, 2024, to further amend the Patents Rules, 2003.
The following amendments have been stated:
• After rule 107, which states “Removal of names from the role of scientific advisers” the following shall be inserted, namely:
107A. Adjudication of certain penalties-
(1) Any person may file a complaint under Form 32 to the Adjudicating officer regarding any contravention or default committed by any person of the provisions contained in sections 120, 122, or 123 of the Act.
(2) The complaint shall be accompanied by a statement setting out the facts upon which the Applicant relies and evidence in support of the statement, as prescribed.
107B. Appointment of Adjudicating Officer:
(1) The Controller, by an order, authorizes an officer referred to in section 73, to be an Adjudicating officer for holding an inquiry and imposing a penalty on any person who has committed the contravention or default under the provisions contained in sections 120, 122, or 123 of the Act.
(2) Where more than one Adjudicating officer is appointed, the complaint filed by the Complainant(s) will be automatically and randomly allocated by the computer resource system to the Adjudicating Officer.
(3) Every Adjudicating officer shall have the powers of a civil court, namely:
(a) Enforcing the attendance of witnesses and compelling the production of documents and material objects; and
(b) Adjudicating Officer shall be deemed to be a public servant under section 21 of the Indian Penal Code, 1860.
The objections and suggestions to the said draft rules will be considered by the Government after the expiry of 30 days from the date on which the copies are made available to the public.
All objections and suggestions to the said draft rules may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi- 110001 or by e-mail at [email protected];
This notification will come into force from January 03, 2024.
[Notification No G.S.R. 08(E)]
