CHAPTER IV BOARD OF PATENTS PDF พิมพ์ อีเมล

CHAPTER IV BOARD OF PATENTS

Section 66(1) There shall be a “Board of patents” composed of the Under-Secretary of State for Commerce as Chairman, and not more than twelve qualified members in the fields of science, engineering, industry, industrial design, agriculture, pharmacy, economics and law appointed by the Cabinet. At least six qualified members shall be from the private sector.

The Board may appoint any person to act as Secretary and as Assistant Secretary.

Section 67 The members of the Board appointed by the Cabinet shall hold office for a term of two years.

When a member of the Board vacated his offices before the expiration in the term of office or more members are appointed by the Cabinet where the term of office of the existing appointed members has not expired, the newly appointed members shall remain in office only for the term of office of the incumbent.

A member whose term of office has expired may be reappointed by the Cabinet.

Section 68 A member appointed by the Cabinet vacates his office upon:-

(1) death;

(2) resignation;

(3) being discharged by the Cabinet;

(4) becoming bankrupt;

(5) becoming an incompetent or a quasi-incompetent person; or

(6) being imprisoned under a final judgement, except for a petty offense or an offense committed through negligence.

Section 69 At every meeting of the Board, there must be in attendance of not less than one half of the total number in order to constitute a quorum. If the chairman is absent from any meeting, the Board shall elect one of its members to preside over the meeting.

Any decision of the meeting shall be taken by a majority of votes.

In voting, each member shall have one vote. In case of equality of votes, the presiding chairman shall have one additional vote as the casing vote.

Section 70(1) The Board shall have the following powers and duties:-

(1) to give advice or consultation to the Minister in issuing the Royal Decrees and Ministerial Regulations under this Act;

(2) to decide any appeal made against any order or decision of the Director-General on patents or petty patents under sections 41, 45, 49, 50, 55, 65 sexies or Section 65 decies and Section 72;

(3) to act on other matters as stipulated in this Act;

(4) to consider any other matter on patents or petty patents as assigned by the Minister.

Section 71 The Board shall have the power to appoint subcommittees to consider and advise the Board. The provisions of Section 69 shall apply, mutatis mutandis, to the meeting of subcommittees.

Section 72(1) Where an order or a decision is made by the Director-General under Sections 12, 15, 28, 30, 34, 49, 50 or Section 61, or Section 65 and Sections 12, 15, 28, 33, or 34 and Section 65 quinquis or 65 sexies or 65 decies and Section 12, 15, 49 or 50, any interested person under the said Section may make an appeal to the Board within sixty days following the receipt of such order or decision. If he fails to do so within such period, the order or decision of the Director-General shall be final.

An appeal under the preceding paragraph must be submitted to the competent officer. If there are two parties, a copy of the appeal must be sent to the other party.

Section 73(2) In considering an appeal against the order or decision of the Director-General or a report of the Director-General made under Section 55 or 65 sexies or a report of the Director-General under Section 43 or 65 decies and Section 43 suggesting a cancellation of patent or a petty patent, the Board may require the opposing party, the applicant, the patentee, the owner of a petty patent, the applicant for examination of a petty patent, or the licensee, as the case may be, to submit any evidence or additional statement in accordance with the rules prescribed by the Board.

Section 74(3) Where a decision or an order is made by the Board under Section 41, 43, 49, 50, 55 or 65 sexies, 65 decies and Section 41, 43, 49, 50, 55 or 72, the appellant and the other party, the patentee, the owner of a petty patent or the licensee, as the case may be, shall be notified of such decision or order. Any party dissatisfied with the decision or order may appeal to the Court within sixty days from the receipt of such notification. If he fails to do so, the decision of the Board shall be final.

In considering or giving a judgement under this Act, the Court shall not order the Board or the Director-General to pay for any fee on behalf of the other party.
 

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