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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 534] NEW DELHI, FRIDAY, DECEMBER 29, 1972/PAUSA 8, 1894

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF INDUSTRIAL DEVELOPMENT NOTIFICATION New Delhi, the 29th December 1972

S.O. 774(E).—Whereas for the fulfilment of arrangements with the Common- weath of Australia, which affords to applicants for patents in India or to citizens of India similar privileges as are granted to its own citizens in respect of the grant of patents and the protection of patent rights, it is necessary so to do.

Now, therefore, in exercise of the powers conferred by sub-section (1) of flection 133 of the Patents Act, 1970 (39 of 1970), the Central Government hereby declares the Commonwealth of Australia to be a convention country for all the provisions of the Act,

2. This notification shall be deemed to have come into force with effect from the 20th April, 1972.

Explanatory Memorandum

The Patents Act, 1970 was brought into force on the 20th April, 1972. Under Section 133(1) of that Act, the Central Government is empowered to declare a country as a convention country with a view to the fulfilment of a treaty, con- vention or arrangement with that country. By notification No. S.O, 302(E), dated the 20th April, 1972, United Kingdom, New Zealand, Eire, Ceylon and Canada were declared as convention countries under section 133(1) of the Patents Act, 1970 from the date of commencement of that Act so as to continue' the existing arrangements with these countries without any break. A number of applications for patents originating from Australia and claiming priority on the basis of the corresponding applications made in Australia in pursuance of sub-section (4) of section 78A of the Indian Patents and Designs Act, 1911, are pending since the Patents Act, 1970 came into force. Australia, having already declared India as a convention country, it is appropriate that we do likewise. In consequence, the priority claimed for such applications will become allow- able and the interests of the persons, who have made these applications, will not he adversely affected. (2103) 3104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(ii)] It is certified that the issue of the notification declaring Commonwealth of Australia as a convention country with effect from the 20th April, 1972 will not adversely affect the interests of any other party.

[No, F. 2KD-SP&D/72.1 R. K. TALWAR, Jt. Secy.

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