1. Short title extent and commencement
1) This Act may be called
the Designs Act 1911.
(2) It extends to the
whole of India.
2. Definitions
In this Act unless there
is anything repugnant in the subject or context :
(1) Omitted by Patents
Act 1970;
(2) "article" means any
article of manufacture and any substance, artificial or natural or
partly artificial and partly natural;
(3) "Controller" means
the Controller General of Patents Designs and Trade Marks appointed
under sub-section (1) of section 4 of the Trade and Merchandise
Marks Act 1958;
(4) "copyright" means the
exclusive right to apply a design to any article in any class in
which the design is registered;
(5) "design" means only the features of shape configuration
patterns or ornament applied to any article by any industrial
process or means whether manual mechanical or chemical separate or
combined which in the finished article appeal to and are judged
solely by the eye; but does not include any mode or principle of
construction or anything which is in substance a mere mechanical
device and does not include any trade mark as defined in clause (v)
of sub-section (1) of section 2 of the Trade and Merchandise Marks
Act 1958 or property marks as defined in section 479 of the Indian
Penal Code;
(6) [Omitted by Patents Act 1970]
(7) "High Court" means -
(a) in relation to a
State the High Court for that State;
(b) in relation to the
Union territory of Delhi the High Court of Delhi;
(c) in relation to the
Union territory of Arunachal Pradesh or Mizoram the Gauhati High
Court the High Court of
Assam, Nagaland Meghalaya
Manipur and Tripura;
(d) in relation to the
Union territory of Andaman and Nicobar Islands the High Court at
Calcutta; and
(e) in relation to the
Union territory of Lakshadweep the High Court of Kerala
(ee) in relation to the
Union Territory of Chandigarh the High Court of Punjab and
Haryana;
(f) in relation to the
Union territories of Dadra and Nagar Haveli and Goa Daman and Diu
the High Court at Bombay;
(g) in relation to the
Union territory of Pondicherry the High Court at Madras
(8) [Omitted by Patents
Act 1970]
(9) "Legal
representative" means a person who in law represents the estate of a
deceased person
(10) and (11) [Omitted by
Patents Act 1970]
(12) "patent office"
means the patent office referred to in section 74 of the Patents Act
1970;
(13) "prescribed"
includes prescribed by rules under this Act; and
(14) "proprietor of a new
or original design" -
(a) where the author of
the design for good consideration, executes the work for some other
person means the person for whom the design is so executed; and
(b) where any person
acquires the design or the right to apply the design to any article
either exclusively of any other person or otherwise means in the
respect and to the extent in and to which the design or right has
been so acquired the person by whom the design or right is so
acquired; and
(c) in any other case
means the author of the design;
and where the property in
or the right to apply the design has devolved from the original
proprietor upon any other person includes that other person.
Comment: The fundamental
principle of Patent Law is that a patent is granted only for an
invention that must be new and useful. That is to say, it must have
novelty and utility. M/s. Bishwanath Prasad Radhey Shyam v. M/s.
Hindustan Metal Industries. AIR 1982 SUPREME COURT 1444
[Repealed by the Part B
States (Laws) Act 1951]
[Part I comprising ss.3 to 42 both inclusive have been omitted by the Patents Act1970(39of1970) s.12andSch.w.e.f. 20-4-1972]
PART - II
DESIGNS REGISTRATION OF DESIGNS
43. Application for registration of
designs
(1) The Controller may on
the application of any person claiming to be the proprietor of any
new or original design not previously published in India register
the design under this Part.
(2) The aplication must
be made in the prescribed form and must be left at the Patent Office
in the prescribed manner and must be accompanied by the prescribed
fee.
(3) The same design may
be registered in more than one class and in case of doubt as to the
class in which a design ought to be registered the Controller may
decide the question.
(4) The Controller may if
he thinks fit refuse to register any design presented to him for
registration; but any person aggrieved by any such refusal may
appeal to the Central Government.
(5) An application which
owing to any default or neglect on the part of the applicant has not
been completed so as to enable registration to be effected within
the prescribed time shall be deemed to be abandoned.
(6) A design when
registered shall be registered as of the date of the application for
registration.
44. Registration of designs in new
classes
Where a design has been
registered in one or more classes of goods the application of the
proprietor of the design to register it in some one or more other
classes shall not be refused nor shall the registration thereof be
invalidated (a) on the ground of the design not being a new or
original design by reason only that it was so previously registered;
or
(b) on the ground of the
design having been previously published in India by reason only that
it has been applied to goods of any class in which it was so
previously registered :
Provided that such
subsequent registration shall not extend the period of copyright in
the design beyond that arising from previous registration.
45. Certificate of registration
(1) The Controller shall
grant a certificate of registration to the proprietor of the design
when registered.
(2) The Controller may in
case of loss of the original certificate or in any other case in
which he deems it expedient furnish one or more copies of the
certificate.
46. Register of Designs
(1) There shall be kept
at the Patent Office a book called the Register of Designs wherein
shall be entered the names and addresses of proprietors of
registered designs notifications of assignments and of transmissions
of registered designs and such other matters as may be
prescribed.
(2) The Register of
Designs existing at the commencement of this Act shall be
incorporated with and form a part of the register of designs under
this Act.
(3) The register of
designs shall be prima facie evidence of any matters by this Act
directed or authorised to be entered therein.
47. Copyright on registration
(1) When a design is
registered the registered proprietor of the design shall subject to
the provisions of this Act have copyright in the design during five
years from the date of registration.
(2) If before the
expiration of the said five years application for the extension of
the period of copyright is made to the Controller in the prescribed
manner the Controller shall on payment of the prescribed fee extend
the period of copyright for a second period of five years from the
expiration of the original period of five years.
(3) If before the
expiration of such second period of five years application for the
extension of the period of copyright is made to the Controller in
the prescribed manner the Controller may subject to any rules under
this Act on payment of the prescribed fee extend the period of
copyright for a third period of five years from the expiration of
the second period of five years.
48. Requirements before delivery on sales
(1) Before delivery on
sale of any articles to which a registered design has been applied
the proprietor shall -
(a) (if exact
representation or specimens were not furnished on the application
for registration) furnish to the Controller the prescribed number of
exact representations or specimens of the design; and if he fails to
do so the Controller may erase his name from the register and
thereupon the copyright in the design shall cease; and
(b) cause each such
article to be marked with the prescribed mark or with the prescribed
words or figures denoting that the design is registered; and if he
fails to do so the proprietor shall not be entitled to recover any
penalty or damages in respect of any infringement of his copyright
in the design unless he shows that he took all proper steps to
ensure the marking of the article or unless he shows that the
infringement took place after the person guilty thereof knew or had
received notice of the existence of the copyright in the
design.
(2) Where a
representation is made to the Central Government by or on behalf of
any trade or industry that in the interests of the trade or industry
it is expedient to dispense with or modify as regards any class or
description of articles any of the requirements of this section as
to marking the Central Government may if it thinks fit by rule under
this Act dispense with or modify such requirements as regards any
such class or description of articles to such extent and subject to
such conditions as it thinks fit.
49. Effect of disclosure on copyright
The disclosure of a
design by the proprietor to any other person in such circumstances
as would make it contrary to good faith for that other person to use
or publish the design and the disclosure of a design in breach of
good faith by any person other than the proprietor of the design and
the acceptance of a first and confidential order for goods bearing a
new or original textile design intended for registration shall not
be deemed to be a publication of the design sufficient to invalidate
the copyright thereof if registration thereof is obtained
subsequently to the disclosure or acceptance.
50. Inspection of registered designs
(1) During the existence
of copyright in a design or such shorter period not being less than
two years from the registration of the design as may be prescribed
the design shall not be open to inspection except by the proprietor
or a person authorized in writing by him or a person authorized by
the Controller or by the Court and furnishing such information as
may enable the Controller to identify the design and shall not be
open to the inspection of any person except in the presence of the
Controller or of an officer acting under him and on payment of the
prescribed fee; and the person making the inspection shall not be
entitled to take any copy of the design or of any part thereof
:Provided that where registration of a design is refused on the
ground of identity with a design already registered the applicant
for registration shall be entitled to inspect the design so
registered.
(2) After the expiration
of the copyright in a design or such shorter period as aforesaid the
design shall be open to inspection and copies thereof may be taken
by any person on payment of the prescribed fee.
(3) Different periods may
be prescribed under this section for different classes of
goods.
51. Information as to existence of copyright
On the request of any
person furnishing such information as may enable the Controller to
identify the design and on payment of the prescribed fee the
Controller shall inform such person whether the registration still
exists in respect of the design and if so in respect of what classes
of goods and shall state the date of registration and the name and
address of the registered proprietor.
(1) Any person interested
may present a petition for the cancellation of the registration of a
design -
(a) at any time after the
registration of the design to the High Court on any of the following
grounds namely -
(i) that the design has
been previously registered in India; or
(ii) that it has been
published in India prior to the date of registration; or
(iii) that the design is
not a new or original design; or
(b) within one year from
the date of the registration to the Controller on either of the
grounds specified in sub-clauses (i) and (ii) of clause (a).
(2) An appeal shall lie
from any order of the Controller under this section to the High
Court and the Controller may at any time refer any such petition to
the High Court and the High Court shall decide any petition so
referred.
A registered design shall
have to all intents the like effect as against government as it has
against any person and the provisions of Chapter XVII of the Patents
Act 1970 shall apply to registered designs as they apply to
patents.
52. Provisions as to exhibitions
The exhibition of a
design or of any article to which a design is applied at an
industrial or other exhibition to which the provisions of this
section have been extended by the Central Government by notification
in the Official Gazette or the publication of a description of the
design during the period of the holding of the exhibition or the
exhibition of the design or the article or the publication of a
description of the design by any person elsewhere during or after
the period of the holding of the exhibition without the privity or
consent of the proprietor shall not prevent the design from being
registered or invalidate the registration thereof :
Provided that -
(a) the exhibitor
exhibiting the design or article or publishing a description of the
design gives to the Controller previous notice in the prescribed
form; and
(b) the application for
registration is made within six months from the date of first
exhibiting the design or article or publishing a description of the
design.
53. Piracy of registered design
(1) During the existence
of copyright in any design it shall not be lawful for any person
-
(a) for the purpose of
sale to apply or cause to be applied to any article in any class of
goods in which the design is registered the design or any fraudulent
or obvious imitation thereof except with the license or written
consent of the registered proprietor or to do anything with a view
to enable the design to be so applied; or
(aa) to import for the
purposes of sale without the consent of the registered proprietor
any article belonging to the class in which the design has been
registered and having applied to it the design or any fraudulent or
obvious imitation thereof; or
(b) knowing that the
design or any fraudulent or obvious imitation thereof has been
applied to any article in any class of goods in which the design is
registered without the consent of the registered proprietor to
publish or expose or cause to be published or exposed for sale that
article.
(2) If any person acts in
contravention of this section he shall be liable for every
contravention -
(a) to pay to the
registered proprietor of the design a sum not exceeding five hundred
rupees recoverable as a contract debt or
(b) if the proprietor
elects to bring a suit for the recovery of damages for any such
contravention and for an injunction against the repetition thereof
to pay such damages as may be awarded and to be restrained by
injunction accordingly :
Provided that the total
sum recoverable in respect of any one design under clause (a) shall
not exceed one thousand rupees.
(3) When the court makes
a decree in a suit under sub-section (2) it shall send a copy of the
decree to the Controller who shall cause an entry thereof to be made
in the Register of Designs.
54. Application of certain provisions of the Act
as to patents to designs
The provisions of the
Patents Act 1970 with regard to certificates of the validity of a
patent and to the remedy in case of groundless threats of legal
proceedings by a patentee shall apply in the case of registered
designs in like manner as they apply in the case of patents with the
substitution of references to the copyright in a design for
references to a patent and of reference to the proprietor or a
design for reference to the patentee and of references to the
designs for references to the invention.
PART III
GENERAL PATENT OFFICE AND PROCEEDINGS THEREAT
55. Patent Office
[Repealed by the Patents
Act 1970 (39 of 1970) section 162 and Schedule w.e.f.
20-4-1972]
56. Officers and clerks [Repealed by s. 162 and
Sch. of Patents Act 1970 w.e.f. 20-4-1972]
57. Fees
(1) There shall be paid
in respect of the registration of designs and applications therefor
and in respect of other matters relating to designs under this Act
such fees as may be prescribed by the Central Government.
(2) A proceeding in
respect of which a fee is payable under this Act or the rules made
thereunder shall be of no effect unless the fee has been paid.
PROVISIONS AS TO REGISTERS AND OTHER DOCUMENTS IN THE PATENT OFFICE
58. Notice of trust not to be entered in registers
There shall not be
entered in any register kept under this Act or be receivable by the
Controller any notice of any trust expressed implied or
constructive.
59. Inspection of and extracts from registers
Every register kept under
this Act shall at all convenient times be open to the inspection of
the public subject to the provision of this Act; and certified
copies sealed with the seal of the Patent Office of any entry in any
such register shall be given to any person requiring the same on
payment of the prescribed fee.
Repealed by the Patents
Act 1970 (39 of 1970) section 162 and Schedule w.e.f.
20-4-1972.
60. Privilege of reports of Controller
Reports of or to the
Controller made under this Act shall not in any case be published or
be open to public inspection.
61. Prohibition of publication of specification drawings etc. where application abandoned etc.
(1) [Omitted by Patents
Act 1970]
(2) Where an application
for a design has been abandoned or refused the application and any
drawings photographs tracing representations or specimens left in
connection with the application shall not at any time be open to
public inspection or be published by the Controller.
62. Power of Controller to correct clerical errors
The Controller may on
request in writing accompanied by the prescribed fee correct any
clerical error in the representation of a design or in the name or
address of the proprietor of any design or in any other matter which
is entered upon the Register of Designs.
63. Entry of assignments and transmissions in
registers
(1) Where a person
becomes entitled by assignment transmission or other operation of
law to the copyright in a registered design he may make application
to the Controller to register his title and the Controller shall on
receipt of such application and on proof of title to his
satisfaction register him as the proprietor of such design and shall
cause an entry to be made in the prescribed manner in the register
of the assignment transmission or other instrument affecting the
title.
(2) Where any person
becomes entitled as mortgagee licensee or otherwise to any interest
in a registered design he may make application to the Controller to
register his title and the Controller shall on receipt of such
application and on proof of title to his satisfaction cause notice
of the interest to be entered in the prescribed manner in the
Register of Designs with particulars of the instrument if any
creating such interest.
(3) The person registered
as the proprietor of a design shall subject to the provisions of
this Act and to any rights appearing from the register to be vested
in any other person have power absolutely to assign grant licences
as to or otherwise deal with the design and to give effectual
receipts for any consideration for any such assignment licence or
dealing :
Provided that any
equities in respect of the design may be enforced in like manner as
in respect of any other movable property.
(4) Except in the case of
an application made under section 64 a document or instrument in
respect of which no entry has been made in the register in
accordance with the provisions of sub-sections (1) and (2) shall not
be admitted in evidence in any court in proof of the title to
copyright in a design or to any interest therein unless the court
for reasons to be recorded in writing otherwise directs.
64. Rectification of register
(1) The Controller may on
the application in the prescribed manner of any person aggrieved by
the non-insertion in or omission from the register of designs or any
entry or by any entry made in such register without sufficient cause
or by any entry wrongly remaining on such register or by an error or
defect in any entry in such register make such order for making
expunging or varying such entry as he thinks fit and rectify the
register accordingly.
(2) The Controller may in
any proceeding under this section decide any question that it may be
necessary or expedient to decide in connection with the
rectification of a register.
(3) An appeal shall lie
to the High Court from any order of the Controller under this
section; and the Controller may refer any application under this
section to the High Court for decision and the High Court shall
dispose of any application so referred.
(4) Any order of the
Court rectifying a register shall direct that notice of the
rectification be served on the Controller in the prescribed manner
who shall upon the receipt of such notice rectify the register
accordingly.
(5) Nothing in this
section shall be deemed to empower the Controller -
(a) Omitted by Patents
Act 1970.
(b) to make any such
order cancelling the registration of a design as is provided for in
section 51A.
POWERS AND DUTIES OF CONTROLLER
65. Powers of Controller in proceedings under Act
Subject to any rule in
this behalf the Controller in any proceedings before him under this
Act shall have the powers of a civil court for the purposes of
receiving evidence administering oaths enforcing the attendance of
witnesses compelling the discovery and production of documents
issuing commissions for the examining of witnesses and awarding
costs and such award shall be executable in any court having
jurisdiction as if it were a decree of that court.
66. [Publication of patented inventions] Repealed
by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f.
20-4-1972.
67. Exercise of discretionary power by Controller
Where any discretionary
power is by or under this Act given to the Controller he shall not
exercise that power adversely to the applicant for registration of a
design without (if so required within the prescribed time by the
applicant) giving the applicant an opportunity of being heard.
68. Power of Controller to take directions of the
Central Government
The Controller may in any
case of doubt or difficulty arising in the administration of any of
the provisions of this Act apply to the Central Government for
directions in the matter.
69. Refusal to grant patent etc. in certain cases
(1) The Controller may
refuse to register a design of which the use would in his opinion be
contrary to law or morality.
(2) An appeal shall lie
to the Central Government from an order of the Controller under this
section.
70. Appeals to the Central Government
(1) Where an appeal is
declared by this Act to lie from the Controller to the Central
Government the appeal shall be made within three months of the date
of the order passed by the Controller and shall be in writing and
accompanied by the prescribed fee.
(2) In calculating the
said period of three months the time (if any) occupied in granting a
copy of the order appealed against shall be excluded.
(3) The Central
Government may if it thinks fit obtain the assistance of an expert
in deciding such appeals and the decision of the Central Government
shall be final.
EVIDENCE ETC
70A. Evidence before the Controller
Subject to any rules made
under section 77 in any proceeding under this Act before the
Controller the evidence shall be given by affidavit in the absence
of directions by the Controller to the contrary; but in any case in
which the Controller thinks it right so to do he may take evidence
viva voce in lieu of or in addition to evidence by affidavit or may
allow any party to be cross-examined on the contents of his
affidavit.
71. Certificate of Controller to be evidence
A certificate purporting
to be under the hand of the Controller as to any entry matter or
thing which he is authorized by this Act or any rules made
thereunder to make or do shall be prima facie evidence of the entry
having been made and of the contents thereof and of the matter or
thing having been done or left undone.
Printed or written copies
or extracts purporting to be certificate by the Controller and
sealed with the seal of the Patent Office of documents in the Patent
Office and of or from registers and other books kept there shall be
admitted in evidence in all courts in India and in all proceedings
without further proof or production of the originals :
Provided that a court may
if it has reason to doubt the accuracy or authenticity of the copies
tendered in evidence require the production of the originals or such
further proof as it considers necessary.
72. [Transmission of copies of specifications etc.
and inspection thereof] Repealed by the Patents Act 1970 (39 of
1970) section 162 and Schedule w.e.f. 20-4-1972
73. Applications and notices by post
Any application notice or
other document authorised or required to be left made or given at
the Patent Office or to the Controller or to any other person under
this Act may be sent by post.
74. Declaration by infant lunatic etc.
(1) If any person is by
reason of infancy lunacy or other disability incapable of making any
statement or doing anything required or permitted by or under this
Act the lawful guardian committee or manager (if any) of the person
subject to the disability or if there be none any person appointed
by any court possessing jurisdiction in respect of his property may
make such statement or a statement as nearly corresponding thereto
as circumstances permit and do such thing in the name and on behalf
of the person subject to the disability.
(2) An appointment may be
made by the court for the purposes of this section upon the petition
of any person acting on behalf of the person subject to the
disability or of any other person interested in the making of the
statement or the doing of the thing.
74A. Security for costs [Repealed by the Patents Act 1970 section 162 and Schedule (39 of 1970) w.e.f. 20-4-1972]
AGENCY
75. Subscription and verification of certain
documents
[Repealed by the Patents
Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972.]
76. Agency
(1) All applications and
communications to the Controller under this Act may be signed by and
all attendances upon the Controller may be made by or through a
legal practitioner or by or through an agent authorised to the
satisfaction of the Controller.
(2) The Controller may if
he sees fit require -
(a) any such agent to be
resident in India;
(b) any person not
residing in India to employ an agent residing in India;
(c) the personal
signature or presence of any applicant or other person.
POWERS ETC. OF CENTRAL GOVERNMENT
77. Power for Central Government to make rules
(1) The Central
Government may make such rules as it thinks expedient subject to the
provisions of this Act -
(a) for regulating the
practice of registration under this Act;
(b) for classifying goods
for the purposes of designs;
(c) for making or
requiring duplicates of drawings and other documents;
(d) for securing and
regulating the publishing and selling of copies at such prices and
in such manner as the Central Government thinks fit of drawings and
other documents;
(e) providing for the
inspection of documents in the Patent Office and for the manner in
which they may be published;
(ee) for the manner in
which fees leviable under this Act may be paid;
(f) generally for
regulating the business of the Patent Office the conduct of
proceedings before the Controller and all things by this Act placed
under the direction or control of the Controller or of the Central
Government; and
(g) generally for the
purpose of carrying into effect the provisions of this Act.
(2) The power to make
rules under this section shall be subject to the condition of the
rules being made after previous publication.
(3) All rules made under
this section shall be published in the Official Gazette and no such
publication shall have effect as if enacted in this Act.
(4)
Every rule made under
this section shall be laid as soon as may be after it is made before
each House of Parliament while it is in session for a total period
of thirty days which may be comprised in one session of in two or
more successive sessions and if before the expiry of the session
immediately following the session or the successive sessions
aforesaid both Houses agree in making any modifications in the rule
or both Houses agree that the rule should not be made the rule shall
thereafter have effect only in such modified form or be of no effect
as the case may be so however that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
OFFENCES
78. Wrongful use of words "Patent Office"
[Repealed by the Patents Act 1970 (39 of 1970) s. 162 and Schedule
w.e.f. 20-4-1972]
RECIPROCAL ARRANGEMENTS WITH UNITED KINGDOM AND
OTHER COMMONWEALTH COUNTRIES
78A. Reciprocal arrangement with United Kingdom
and other Commonwealth Countries
(1) Any person who has
applied for protection for any design in the United Kingdom or his
legal representative or assignee shall either alone or jointly with
any other person be entitled to claim that the registration of the
said design under this Act shall be in priority to other applicants
and shall have the same date as the date of the application in the
United Kingdom :
Provided that -
(a) the application is
made within six months from the application for protection in the
United Kingdom; and
(b) nothing in this
section shall entitle the proprietor of the design to recover
damages for infringements happening prior to the actual date on
which the design is registered in India.
(2) The registration of a
design shall not be invalidated by reason only of the exhibition or
use of or the publication of a description or representation of the
design in India during the period specified in this section as that
within which the application may be made.
(3) The application for
the registration of a design under this section must be made in the
same manner as an ordinary application under this Act.
(4) Where it is made to
appear to the Central Government that the legislature of any such
Commonwealth country as may be notified by the Central Government in
this behalf has made satisfactory provision for the protection of
designs registered in India the Central Government may by
notification in the Official Gazette direct that the provisions of
this section with such variations or additions if any as may be set
out in such notification shall apply for the protection of designs
registered in that Commonwealth country.
78B. Special provisions relating to applications
relevant or defence purposes
Repealed by the Patents Act 1970 (39 of 1970)
section 162 and Schedule w.e.f. 20-4-1972.
78C. Special provisions in respect of applications for patents in the field of food drug or medicine
[Repealed by the Patents
Act 1970 w.e.f. 20-4-1972]
Repealed by the Patents
Act 1970 w.e.f. 20-4-1972.
[Repealed by the Patents
Act 1970 w.e.f. 20-4-1972.
79. Saving for prerogative
[Repealed by the
Adaptation of Laws Order 1950]
80. Repeal and saving
(1) If immediately before
-
(i) the 18th day of April
1950 in relation to any Part B State other than the State of Jammu
& Kashmir and
(ii) the date of
commencement of the Jammu & Kashmir (Extension of Laws) Act 1956
in relation to the State of Jammu Kashmir there was in force in the
Part B State concerned and law corresponding to this Act that
corresponding law shall be deemed to have been repealed on the date
aforesaid :
Provided that the repeal
shall not affect -
(a) the previous
operation of any law so repealed or anything duly done or suffered
thereunder or
(b) any right privilege
obligation or liability acquired accrued or incurred under any law
so repealed or
(c) any penalty
forfeiture or punishment incurred in respect of any offence
committed against any law so repealed or
(d) any investigation
legal proceeding or remedy in respect of any such right privilege
obligation liability penalty forfeiture or punishment as aforesaid
and any such investigation legal proceeding or remedy may be
instituted continued or enforced and any such penalty forfeiture or
punishment may be imposed as if this Act had not come into force in
the Part B State concerned :
Provided further that
subject to the preceding proviso anything done or any action taken
including any patent permit or licence granted or registration
effected under any such corresponding law shall be deemed to have
been done or taken under the corresponding provision of this Act as
now extended to the State and shall continue to be in force
accordingly unless and until superseded by anything done or any
action taken under this Act.
(2) Nothing contained in
section 6 of the Part B States (Laws) Act 1951 or section 5 of the
Jammu and Kashmir (Extension of Laws) Act 1956 shall have effect in
relation to this Act.
81. Substitution of patents for rights under
repealed Act
[Repealed by the
Repealing and Amending Act 1920]