ISSUE:
Whether delayed/absent communications between the Applicant and the Patentee could be considered an irregularity in due procedure?
RULE:
In considering the application field under Section 84(6)(iv) of the Patents Act 1970, the Controller shall consider as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit.
Additionally, section 61 of the Competition Act 2002, provides for exclusion of jurisdiction of civil courts which states that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.