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The proviso to Section 140(3) of the Patents Act, 1970 provides that the defence in infringement…

The proviso to s.140(3) excludes the defence "if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was…

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The proviso to Section 140(3) of the Patents Act, 1970 provides that the defence in infringement proceedings that a contract containing an unlawful restrictive condition was in force is unavailable where:

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The proviso to s.140(3) excludes the defence "if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied". A plaintiff who is a party to the contract cannot escape the defence by later withdrawing the condition.

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