Foreign Vessels, Aircraft and Vehicles

1The acts mentioned in s 49 of the Patents Act will not amount to an infringement. The section deals with inventions that may be a part of a vessel, an aircraft or a land vehicle that comes into India temporarily or accidentally. The rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention in the body of the vessel or in the construction or working of the aircraft or land vehicle. (Patents Act 1970, s 49(1).) The provision protects ships involved in inter-state passage. (See Stena Rederi Aktiebolag v Irish Ferries Ltd (2002) RPC 50, para 75.) The expression ’temporarily’ refers to entry that is transient or for a limited period of time. The fact that the same journey is repeated over and over again into the territorial waters, does not alter the temporary nature of the entry. (Ibid, paras 75 and 78.) The section works on the principle of reciprocity. (Patents Act 1970, s 49(2).)