Application for Termination of Compulsory Licence under Section 94 :

Rule 102 requires that an application for termination of compulsory licence under section 94(1) should be made in Form 21 along with the evidence by the patentee or any other person deriving title or interest in the patent. The applicant is required to serve a copy of the application and evidence on the holder of the compulsory licence and to inform the Controller the date on which the service has been effected. The holder of the compulsory licence may file his objection alongwith evidence, if any, to the application within one month from the date of receipt of the application and evidence by him to the Controller and serve a copy thereof to the applicant. No further evidence or statement are required to be filed by either party except with special leave of or on requisition by the Controller.

On completion of the above proceedings, the Controller is required to fix a date and the time for the hearing of the case and give the parties not less than ten day’s notice of such hearing. Rule 102(6) clarifies that the procedure specified in sub-rules (2) to (5) of rule 62 so far as may be, apply to the procedure for hearing as they apply to the hearing in opposition proceedings. If the Controller decides to terminate the compulsory licence he shall issue an order giving terms and conditions, if any, of such termination and serve copies of the order to both the parties.