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…
Choose your answer
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:
Answer and explanation
Correct answer B
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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