The Patents Act, 1970 | Legal Reasoning for CLAT PDF Download

Meaning of patent 

• In general, patent means, “exclusive right” to the first and true inventor to make, use or vend his invention. 
• The term patent has been derived from the latin word “patene” which means to open. Patent is an exclusive right granted to an inventor with respect to that invention which he discloses to the public. Therefore, we can say that patent like a reward is granted to an inventor in return of his disclosure of his invention to the public for the benefit of the society.

Patent law in India

• The history of patent law in India may be traced to the act 6 of 1856 which granted exclusive privileges to inventors in India. The act 1856 was modified by the act of 1 859, which enable the British patent holders to register their exclusive privileges in India. Finally a comprehensive legislation on the patent and designs was enacted in the form of the Indian patents and designs act, 1911. the Indian act 1911, passed by the Indian parliament came into force in the year 1972.
• The patents act 1970 was enacted after several amendments of the Indian patents and designs act 1911, and after the reports of two committees. To enquire the working of the Indian patents and designs act, 1911, a committee was appointed by the government in 1948 under the chairmanship of justice Bakshi Tek Chand. This committee submitted its report in the year 1950. on the basis of this report the patent bill, 1965, was introduced in the lok sabha on 21^st September, 1965. but this bill lapsed due to dissolution of the third lok sabha on 3^rd March 1967. The bill was again introduced in the parliament in 1970. This bill was passed by both the Houses of Parliament and received the assent of the president on 19^th September, 1970. this came on the statute books as the patents act, 1970.

Objects of patent act

• Twin objectives
  (i) Protection of the individual interest of the patentee
  (ii) Protection of the interest of the society
  (i) Protection of individual interest of the patentee : Sec. 48 of the act confers on the patentee the exclusive right by himself, his agent or licensees to make, use , exercise, sell or distribute the invention in India. After the amendment act 2002, sec.48 confers upon the patentee the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, selling for those purpose his patented invention in India. The exclusive right granted by the patent to the patentee includes patentee’s right to assign the patent itself or any other interest in the patent in the favour of any other person in consideration of monetary gain.
  (ii) Protection of the interest of the society : The patent act confers upon an exclusive right over the patented invention. This encourages the inventors to disclose their inventions to the public instead of keeping them as a secret to themselves.

Salient Features 

➢ Features are as follows

• Grant and sealing of patents to new and useful invention : The patent act provide for the procedure for the grant and sealing of the patent to such inventions which are ‘new’ and ‘useful’. For this purpose the act also defines ‘invention’. The patented invention becomes the intellectual property of the patentee.
• Patent office an authority of the controller : The act provides for the establishment of patent office where the applications for the grant and sealing of patent to the inventions are filed and register of patent etc.is kept. The act also provides for the authority of the controller who exercise the power to grant and seal the patents in accordance with the procedure provided under the act.
• Patents for a limited period : The patents under the patents act are granted for a limited period. The(amendment) act,2002, provides that the patents are granted for a period of 20 years from the date of filing of the application for the patent.
• Surrender and revocation of patents : A patent granted to an invention may be surrendered by the patentee at any time before the expiry of the time period for which it is granted. This act also provides for the grounds on the basis of which the patent granted to an invention may be revoked by the controller, the high court or by the Central Government on the application of any ‘person interested’.
• Licences in the patent : The act provides for the grant of licences in the patents. Licences may be granted voluntarily by the patentee in the favour of any other person in consideration of monetary gain. The act also provides for the grant of compulsory licences by the controller in public interest.
• Relief in suits concerning infringement of patents This act provides for the reliefs in the form of injunctions, damages or an account of profits in suits concerning infringement of registered patents.
• Acquisition and use of invention for the purpose of the government Act provides that an invention may be made, exercised or vended for the purposes of the central government, state government or public undertaking.
• Patent agent : The act provides for the patent agent. Agent has a right to practice before the controller of patents and to prepare documents in connection with any proceeding before the controller of patents.
• International arrangements : Act provides for international arrangements which India may make with the convention countries which afford to the citizens of India similar privileges as are granted to their own citizens in their own countries.
• Section 2(1 (m)) “patent” means a patent granted under this act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 58, 58, 63, 65, 66, 70, 134,140,153, 154 and 156, a patent granted under the Indian patents and designs act 1911. Patent means exclusive right conferred upon the patentee with respect to an invention.
• Section 2(1)(j) “invention” means any new and useful- 
• Art, process, method or manner of manufacture;
• Machine or other article;
• Substance produced by manufacture, and include any new and useful improvement of any of them, and an alleged invention.

Inventions which are not patentable 

The patent act provides for the inventions which are not patentable as follows;

• Inventions not deemed to be inventions(sec.3)
• Inventions relating to atomic energy (sec.4)

1. Inventions not deemed to be inventions

Patent is not granted to an invention which is not deemed to be an invention under sec.3 of the act. It provides some circumstances in which an invention is not deemed to be an invention for the purpose of patent act,l 970.
➢ If invention is

• Frivolous; or
• Immoral or injurious to public health, animal or plant life; or
• Discovery of an abstract theory; or
• Discovery of any living or non-living substance occurring in nature; or
• Discovery of new property of known substance; or
• Mere duplication or re-arrangement of the known device; or a mere duplication or rearrangement of known device; or
• Mere admixture resulting only in the aggregation of the properties of the component; or
• A method of agriculture or horticulture; or
• Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals or to render them free of disease or to increase their economic value or that of their product, or
• Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals; or
• A mathematical or business method or a computer programme; or
• A literary, dramatic, musical, artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions; or
• A mere scheme or rule or method of performing mental act or method of playing game; or
• A presentation of information; or
• Topography of integrated circuits; or
• An invention which , in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

➢ Sec.3(d) 

• The mere discovery of new form of known substance which does 'not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

2. Inventions relating to atomic energy 

According to sec. 4 of the patent act , patents are not granted to inventions which relate to atomic energy.
➢ Patent is granted for a definite period

• Patent to an invention is granted for a definite period. Such as for 20 year and prior to the amendment act it was just for 14 years.

➢ Procedure for grant and sealing of patent

• Patents to invention are granted by the controller of patents. The procedure for the grant of patents has been provided under as follows;

Submission of application for patent 

Sec. 6 to sec 11 provides for the submission of application for patent in following steps;-

(a) Who can apply: According to sec.6 of the patents act, any of the following persons may apply for the grant of patent to an invention;-

• Any person claiming to be the true and first inventor;
• Any person being the assignee of the person claiming to be the true and first inventor; 
• Legal representative of any deceased person who immediately before the death of the person, was entitled to make such application.
  Application may be made either alone or jointly with any other person.

(b) Form of application: According to sec.7 an application submitted for the grant of patent to an invention has to contain the following particulars:

• An application for a patent is for one invention name of only;
• Where application is made by assignee, the proof of assignment is to be furnished with the application;
• Application has to state that the applicant is in possession of the invention; 
• Applicant has to give true name of the first inventor;
• Application for a patent is to be accompanied by the specification may be provisional or complete) of the invention;

(c) Specification of invention (sec 9 & 10): An applicant applying for the patent has to describe and specify the nature of his invention because patent is granted to only such invention which is patentable under the act, and which is new and useful. Thus every application must be accompanied with specification, which may be complete or provisional. But where provisional specification is supplied, complete specification is to be supplied within 12 months.

(d) Amendment of application and of specification: Application, the complete specification and any document relating thereto accompanying the application may be amended by the applicant who has to filed an application for the grant of patent.
For the amendment of the application or of the complete specification of invention or any document relating thereto accompanying the application. Such amendments may be made by;-

• By the controller (sec 57)
• By the High Court (sec 58)

Publication and examination or application for patent 

Publication and examination of the application submitted for the grant of patent in the following steps;

• Publication of application(sec 11 -A)
• Examination of application(sec 11 - B, 12, 13)
• Report of the examiner to be considered by the controller of patents(sec 14)
• Power of the controller with respect to the application for patent(sec 15 to 20)

➢ Publication of application

• Sec.11-A, an application shall not be open to the public for such period as may be prescribed. Publication of every application for a patent shall be notified in the official Gazette.

➢ Examination of application

• An application submitted for the grant of patent is examined by the examiner under section 12. He examines the application when is referred to him by the controller.
  He examine;-
• Whether the application and specification and other documents relating thereto are in accordance with the requirement,
• Any lawful ground of objection,
• Result of investigation,
• Any matter which may be prescribed. Application is to be made by applicant within 48 months from the date of filing of the application for patent.

➢ Consideration of report of the examiner by the controller

• The examiner has to submit the report to the controller of his search and investigation that whether the invention has been anticipated or not before the filing of the application. The controller consider the report. The report may be adverse to the applicant and requires amendment of the application for the patent. In such case, the controller communicates the gist of the objection to the applicant. Controller may also give the applicant an opportunity of being heard before disposing the application for patent.

➢ Power of the controller controller has the following powers

• Refusal or amendment of application(sec 15)
• Division of application(sec 16)
• Dating of application(sec 17)
• Refusal to accept the complete specification of invention in case of anticipation of invention(sec 18)
• Power in case of potential infringement of the claim to the other invention(sec 19)
• Substitution of application(sec 20)

Acceptance of application for the grant of patent

Patent act, provides for the acceptance of an application for the grant of patent in the following steps;-

• Application for acceptance
• Complete specification
• Advertisement of acceptance
• Effect of acceptance

➢ Application for acceptance(sec. 21)

• When controller receives the report of examiner, he may give the applicant a statement of objection, if there is any. The applicant has to comply with the requirement imposed on him within 12 months. Application is deemed to have been abandoned if the applicant fails to comply with the requirement imposed on him within 12 months. Period has been substituted under sec.21 for the period of 1 5 months(amendment act,2002).

➢ Acceptance of complete specification

• When controller forwards a statement of objection to applicant, the applicant has to comply with the requirements within 1 5 months(amendment act,2002). The controller accept the application under sec 22 as soon as after the applicant has complied with the requirements imposed on him within specified period of time.

➢ Advertisement of application(sec.23)

• The controller accept the complete specification of an invention. On acceptance, controller gives the notice of acceptance to the applicant. The controller also advertises in the official Gazette. Thereupon the application for the patent and the complete specification with drawing(if any) of invention filed in pursuance of application becomes open to the public for inspection.

➢ Effect of acceptance (sec.24)

• From the date of advertisement of the acceptance of a complete specification and until the date of sealing of patent, the applicant has the like privileges and rights as if the invention had been sealed on the date of advertisement of the complete specification.

Opposition to grant of patent 

Any interested person may oppose the grant of the patent at any time within 4 months from the date of advertisement of complete specification by the controller, interested person may give notice of opposition to the controller. He decide the case after hearing the opponent as well as the applicant.

➢ Grounds of opposition(sec.25)

• Applicant obtaining the invention wrongfully.
• Publication of invention claimed in the complete specification before the date to be prescribed.
• Invention claimed was publicly known in India before the date may be prescribed. 
• Subject of claim of complete specification is not an invention within the meaning of act or is not patentable under patent act,1970.
• Invention is not sufficiently or clearly defined in complete specification.
• Applicant for patent fails to disclose to the controller the required information.

Grant of patents and rights conferred thereby 

Sec. 43 to sec.53 of patent act, 2005,provide for the grant of patents and rights conferred thereby in the following steps:

• Grant of patent (sec.43)
• Form, extent and effect of patent(sec.46)
• Grant of patent to be subject to certain conditions(sec.47)
• Rights of co-owners of patents(sec.50)
• Grant of patent to the true and first inventor(sec.52)

➢ Grant of patent

• Where an application has been found not refused by the controller and has not been found to be in contravention of any of the provisions of this act, the patent shall be granted with the seal of patent office and date on which the patent is granted shall be entered in the register.
• On grant of patent controller shall publish the fact about the grant of patent and thereupon the application, specification and other documents related thereto shall be open for public inspection.
  (i) Date of patent(sec 45) : Date of patent is the date on which the complete specification of invention is filed, and the date on which the application for patent was filed.
  (ii) Date of sealing : It is the date on which the patent granted to an invention is entered in the register of patents. It is sealed by controller.

➢ Form, extent and effect of patent 

• There is one patent for one invention. Every patent is granted in prescribed form and has its effect throughout India.

➢ Grant of patents to be subject to certain conditions

• Conditions which the patent is granted under patent act are explained in sec. 47 of the act.

➢ Rights of patentees

• Sec.48 confers on the patentee an exclusive right to make, use, exercise, sell or distribute the invention in India.
• Where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India.
• Where a patent is for an article or substance, the exclusive right by himself, his agents to make, use, sell or distribute such article or substance in India.

➢ Grant of patent to the true and first inventor 

• Patent may have been obtained wrongfully by the patentee. The patentee may have wrongfully obtained the invention covered by such patent from the true and first inventor of such invention. In such case, the first inventor may file petition in the Appellate Board for the revocation of such patent under sec.64 of the patent act. The board in proceeding permit the grant of such patent to the petitioner who is the true inventor.

Surrender and revocation of patents 

Patent granted to an invention under the patents act, 1970, may be revoked:

• By the controller (sec.65, 85)
• By the High Court (sec.64)
• By the central government(sec.66)

Revocation by controller 

The patent granted to an invention may be revoked by the order of the controller;

• When the patentee offer to surrender the patent; or
• When the central government or any ‘person interested’ apply for revocation on the ground of non-working of the patent,
• When the central government gives directions to the controller in cases relating to atomic energy.

Offer to surrender

Patent may be surrendered by the patentee under sec.63. The patentee may make an offer to surrender. The controller advertise this offer in the prescribed manner. Any person interested may give notice of opposition to this surrender to controller. And opposition may be filed by the opponent within the prescribed period after the advertisement of offer. The controller hears the patentee as well as the person opposing the surrender. After hearing controller may accept the offer of patentee to surrender the patent and may order revoke the patent.

When central government apply for revocation

The controller may revoke the grant of patent under sec. 85 on the application of central government and on the application of ‘any interested person’. An application is made at any time after the expiration of two years from the date of the order granting the first compulsory licence in the patent.
➢ Grounds of revocation

• Reasonable requirements of the public with respect to the patented invention have not been satisfied; or
• The patented invention has not been worked in the territory of India;
• The patented invention is not available to public reasonably affordable price.

➢ When central govt gives direction to controller in case relating to atomic energy

• After the patent (amendment)act, 2005, sec 65 provides that the central government may at any time after the grant of the patent direct the controller to revoke the patent. Such direction for revocation may be given by the central government if it is satisfied that the patent that has been granted is for an invention relating to atomic energy for which no patent can be granted under sub sec(1) of section 20 of the Atomic Energy, Act 1970.

Revocation by the High Court

Section 64 of the Patent act, deals with the revocation of patent by the High Court. In Hindustan lever ltd. V. Godrej soaps ltd, the Calcutta High Court held that fgrant of patent in favour of claimant does not show prima facie validity of patent’. The patent granted to an invention may be revoked by the High Court if the validity of the patent is challenged on any of the grounds specified in sec, 64. the High Court may revoked the patent;

• On the petition of “any person interested”
• On the petition of central government in. 
• On a counter claim in a suit for infringement of patent

Revocation by the central government (sec. 66)

The Central government may revoke the patent in the public interest by making a declaration to this effect in the official Gazette. Central government may be of the opinion that a patent or the mode in which patent is exercised is;

• Mischievous to the state; or
• Generally prejudicial to the public 

In such case the central govt gives the patentee an opportunity of being heard. After hearing the applicant, the central govt may make declaration in official gazette for the revocation.

Grounds of revocation of patent granted to an invention

Section 64, provides following grounds on the basis of which patent granted to an invention may be revoked by the High Court;

• When invention with respect to patent granted has been claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India.
• When patent was granted on the application of a person not entitled under provisions of the act, to apply for patent
• When patent was obtained wrongfully in contravention of the rights of the petitioner, or any person under or through whom the petitioner claims
• When the subject of any claim of the complete specification is not an invention within the meaning of the act, 1970.
• When the invention claimed in the complete specification is not new
• When the invention claimed in the claim of complete specification is not useful 
• When the complete specification of the invention does not sufficiently and fairly describe the invention
• When the claim of the complete specification is not fairly based on the matter disclosed in the specification
• When the patent was obtained on the false suggestion or representation
• When the subject of any claim of the complete specification is not patentable under the patent act, 1970
• When the invention claimed in the complete specification was secretly used in India before the priority date
• When the applicant for the patent fail or disclose to the controller the information required by sec. 8 of the patent act or has furnished information which is false to his knowledge.

➢ Assignment of and licence in patents

• Assignment of patents : Sec. 68 of the patent act provides for the assignment:
  (i) Of patents, or
  (ii) Of a share in the patent
  It also provides for the mortgage of, licence in or creation of any interest in the patent.
• Sec. 68 of the act has been substituted by new section by the patent (amendment) act 2005.
• After the patent (amendment) act 2005, reads as follows
• Sec.68 Assignment etc. not to be valid unless in writing and duly executed.
• Sec 68 assignment etc. not to be valid unless in writing and registered.

➢ Registration of assignment, transmission, etc.

• Sec. 69 of the patent act provides for the registration of the assignments of or transmission of the interest in the patents. Any person who becomes entitled to a patent by assignment, or by transmission of patent by operation of law may make an application to the controller for the registration of entitle of the patent in his name . Similarly ,a person who acquires an interest in the patent by mortgage, etc, may make an application to the controller of patents for the notice of the interest acquired by him in the patent.

➢ Licences in patent 

• Licences in the patents are granted to work the patented invention to the fullest extent in the interest of the public. It may be granted in the favour of another person voluntarily by the patentee himself. Whereas, to make the invention patented available to the public at affordable price, the controller may also grant compulsory licence in the patented invention so that the patented invention may be worked to the fullest extent in the interest of the public.

➢ Licences in patent

• The licences granted under the patent act, may be divided into three categories as follows:
• Voluntary licence: It means licence granted by patentee himself voluntarily in favour of another person under sec. 68 of the patent act, 1 970. It is granted in form of a document embodying all the terms and conditions governing rights and obligation of the patentee and licensee. This agreement has to be filed with controller. To be a valid licence, it has to be in writing.
• Compulsory licence: Compulsory licence may be granted by the controller of patents;
• On the application of ‘any person interested’
• On the notification by the central government
• To work the patented invention, compulsory licence in the patented inventions are granted by the controller under patent act, 1970. Sec. 83 provides for the general principles which the controller considers while granting compulsory licence to work the patented inventions.
• General considerations considered by the controller while granting C.L
• To encourage invention;
• To secure that inventions are worked in India on a commercial scale;
• To promote technological innovations for the social and economic welfare;
• To protect and promote socio-economic and technological development of India;
• To ensure that the patent do not in anyway prohibit the central government in taking measures to protect the public health;
• To ensure that patentees do not enjoy monopoly for the importation of the patented articles;
• To ensure that the patent right is not abused by the patentee;
• To make the patented invention available to the public at reasonably affordable prices.

➢ On application of ‘any interested person’(sec 84) : 

• Acc. to sec 84, at any time after the expiration of 3 years from the date of grant of patent, any person interested may apply to the controller for the grant of compulsory licence to work patented invention. Applicant has to set out the nature of his interest and also to give particulars and such facts on which his application is based because the controller may grant compulsory licence if he is satisfied that;
• The reasonable requirement of the public
• Invention is not available to public at affordable price
• Invention is not worked in the territory of India.

➢ Revocation of patents by the controller for non-working(sec. 85) 
Grounds;

• That the patented invention has not been worked in India,
• That the reasonable requirements of public with respect to the patented invention have not been satisfied,
• That the patented invention is not available to the public at a reasonably affordable price.

➢ Compulsory licence on notification by the central government

• The C.G may make a declaration by the notification in the official Gazette with respect to a patent that the compulsory licence should be granted in that patent at any time after the sealing of that patent. It is granted by the controller to applicant upon an application made at any time after such notification, the controller grants compulsory licence to the applicant accordance with procedure.

➢ Licensing of related patents 

• Sometimes the efficient working of one patented invention to the possible advantage requires the working of another related invention. In such case patentee may apply to the controller for the grant of licence in another related patented invention so that his invention may be worked to the best possible advantage. Licence granted if controller is satisfied at;
  (i) That applicant is bale to grant licence in his invention
  (ii) Invention of applicant has made a substantial contribution to the establishment of commercial or industrial activities in India.

Suits concerning infringement of patents

➢ Suits for declaration as to non-infringement claim to patents

• Sec. 105 and sec 106 of the patent act provide for the power of court to grant;
• Relief of declaration as to noninfringement of a claim of a patent, and
• Relief in case of groundless threat of infringement proceedings.

➢  Non- infringement of a claim of a patent

• Use of any process of the making, use or sale of any article by a person may not constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licensee. In such case person may institute a suit for declaration.

➢ Relief in groundless threat

• Person may be threatened by legal proceedings by any other person for infringement of patent without any ground. These groundless threats may be given by other person by oral or written communication. In this case person to whom threats are given may file a suit for a relief.

➢ Jurisdiction of court for suits under sec. 105 & 106 

• Sec. 104 deals with the jurisdiction of court for the suits filed under above sections. According to sec 1 04 suits for relief is filed in any court which is not inferior to a District Court having jurisdiction to try the suit.

➢ Burden of proof in case of these suits

• Sec.104-A has been added by amendment act,2002.

➢ Certain acts not to be considered as infringement (sec. 107-A) 

• Acts which are not considered as infringement of patents are;-
• Act of making, constructing, using, selling, importing a invention for uses reasonably relating to the development and submission of information required under any law for the time being in force, in India, or in other country that regulate the manufacturing construction , use or sale of any product;
• Importation of products by any person from a person who is duly authorised under the law to produce, to sell or distribute the product.

➢ Reliefs in suit for infringement Reliefs in a suit for infringement of patent

• Injunction
• Damages
• Account of profit

➢ Restriction on power of court to grant injunction in certain cases(sec. 112)

➢ Patent agent

• Sec.2(1)(m) “patent agent" means a person for the time being registered under the patent act, as a patent agent by the controller of patents.

➢ Acc.to patent agent has a right

• To practice before the controller of patents;
• To prepare documents in connection with any proceeding before the controller of Patents

➢ Sec. 125 to 132 of the patent act make provisions for the patent Agents as follows

• Registration(sec. 125)
• Qualification(26)
• Rights of the patent agent(127)
• Documents to be verified by the patent agent(128)
• Restrictions on patent agents(129)
• Removal of patent agent(130)
• Controller’s power to deal with certain patent agents(131)
• Savings(132)

➢ Registration

• A person is registered as a patent agent in the register of patent agents by the controller of patents.

➢ Qualification

• Sec 26 provides for the qualification for a person to be registered as a patent agent. Person has
  (i) To be a citizen of India,
  (ii) Has completed the age of 21,
  (iii) Has obtained the degree in “science, engineering or technology” from any university,
  (iv) Has passed the qualifying examination prescribed for the purpose;
  (v) Has, for not less than 10 years, functioned either as an examiner or discharged the functions of the controller under section 73 or both, but ceased to hold any such capacity at the time of the making of application for registration,
  (vi) He has paid such fee a may be prescribed.

➢ Rights of the patent agent 

• To practice before the controller of patents;
• To prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceedings before the controller.

➢ Document to be verified by the agent 

• All applications and communication to the controller under the act may be made by the patent agent. However, the agent exercise this right when he is authorised in writing by the person concerned.

➢ Restriction on patent agent

• No patent agent can practice or hold himself as agent in partnership with other persons unless the other partners are also registered as agents. No company or other body corporate shall practice , described or held itself out as patent agents or permit itself to be so described or held out.

➢ Removal of patent agent

• The name of a patent agent may be removed from the register of patent agents:
  (i) If the name has been entered in register by error on account of misrepresentation or suppression of material fact, or,
  (ii) If the agent has been convicted of any offence and sentenced to a term of imprisonment, or
  (iii) Has been guilty of misconduct in his professional capacity.

➢ Controller’s power to refuse to deal with agents

• Controller may refuse to recognize a person as an agent in respect of any business under the act, if ;
  (i) Such person has been removed from the register
  (ii) Has been convicted,
  (iii) Acting as an agent,

➢ Savings

• Sec.132 provides for the savings in respect of other persons authorised to act as agents as follows;-