Section 49 – Patent Rights not infringed when used on foreign vessels etc., temporarily or accidentally in India.

  • If an Indian patented product or process is used in a foreign country registered ship or flight or any transporting vehicle, when it enters the Indian boundaries temporarily or accidentally by land or water or air; it does not be considered to be an infringement of the patent when used within the machine as an apparatus or accessory or process.
  • If any foreign country law prohibits the use of any invention in their country any product or process patented in India, and the vehicle (land, water or air) is owned by a person usually residing in that country or India; within that country’s territory or boundary by land, air or water this section does not apply.

 

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