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Registration under Insecticides Act when process patented by another

16 January, 2014

The Division Bench of Kerala High Court recently declined to interfere in the grant of registration under Insecticides Act, for manufacture of a particular insecticide, when the process of its manufacture was patented by another company-appellant in this case. It was the contention of the original patent holder that the registering authority under the Insecticides Act should consider the objection based on existence of the patent when an application under Section 9(4) of the Insecticides Act is being considered.

Relying on Section 156 of the Patents Act, the patentee had contended that the authority under Section 9 of the Insecticides Act is also an arm of the Government and hence he cannot refuse to protect the patent.

The court, however, noted that the said Section 9 neither refers to Patents Act nor any other factor relevant to Patents Act. It was hence held that the registering authority, under the Insecticides Act, is not obliged to consider the question relating to patent being violated, and whether patent is liable to be revoked. [Shogun Organics Ltd. v. Union of India – Kerala High Court Judgment dated 3-12-2013 in W.A. No. 1782 of 2013]
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