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Delhi High Court issued directions to Central Government to set up a Fund for Scientific Advisers appointed under Section 115 of the Patents Act.
In an affidavit filed before High Court, the disclosure was made by the Central Government that
“In terms of the aforementioned order dated 20.12.2018, the deponent respectfully submits that the provision for payment of remuneration to Scientific Adviser appointed under Section 115(2) of the Patent Act, 1970 has been made in the existing budget head “Professional Services” of the Office of the Controller General of Patents, Designs, and Trademarks.”, the affidavit reads.
On December 20, 2018, a Single Judge Bench of Justice JR Midha had directed the Central Government to create a Fund for Scientific Advisers in terms of Section 115 (2) of the Act to assist the courts in patent litigation.
“Standing Counsel for the UOI accepts notice and he shall ascertain whether any fund has been created under Section 115 (2) of the Patents Act, 1970. If no such fund has been created till now, the Central Government shall create a fund before the next date of hearing.”, it had ordered.
The direction was passed during patent litigation which required the parties to show their presentation/device to a Scientific Adviser.
While appointing a Scientific Adviser in the case, the Court had stated that the remuneration of the Scientific Adviser would be defrayed out of the monies provided by the Parliament for that purpose.
However, the parties to the litigation informed the Court that they were not aware of any such fund created by the Central Government.
The Court, therefore, directed the Central Government to create the corpus till next date of hearing, in case no such fund has been created till now.
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