107A. Certain acts not to be considered as infringement
107A. Certain acts not to be considered as infringement.—For the purposes of this Act,—
(a)
any act of making, constructing, [using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction, [use, sale or import] of any product;
(b)
importation of patented products by any person from a person [who is duly authorised under the law to produce and sell or distribute the product], shall not be considered as an infringement of patent rights.
Amendment notes (4)
- Ins . Ins. by Act 38 of 2002, s. 44 (w.e.f 20-5-2003).
- Subs w.e.f. 1-1-2005 . Subs. by Act 15 of 2005, s. 58, for "using or selling" (w.e.f. 1-1-2005).
- Subs w.e.f. 1-1-2005 . Subs. by s. 58, ibid., for "use or sale" (w.e.f. 1-1-2005).
- Subs w.e.f. 1-1-2005 . Subs. by s. 58, ibid., for "who is duly authorised by the patentee to sell or distribute the product" (w.e.f. 1-1-2005).