Section 36: Power of Controller or Court to determine the matter in dispute between employer

36. Power of Controller or Court to determine the matter in dispute between employer and employee. —(1) Where a dispute arises between an employer and a person who is or was at the material time his employee as to the rights of the parties in respect of an invention made by the employee either alone or jointly with other employees or in respect of any patent granted or to be granted in respect thereof, the Controller may, upon application made to him in the prescribed manner by either of the parties and after giving to each of them an opportunity of being heard, determine the matter in dispute, and may make such orders for giving effect to his decision as he considers expedient: Provided that, if it appears to the Controller upon an application under this section that the matter in dispute involves questions which should be determined by the Court, he may decline to deal therewith. (2) In proceedings before the Court between an employer and a person who is or was at the material time his employee, or upon an application made to the Controller under sub­section (1), the Court or, as the case may be, the Controller may, if satisfied that both the parties are entitled to the benefit of an invention made by the employee, by order provide for the apportionment between them of the benefit of the invention, and of any patent granted or to be granted in respect thereof, in such manner as the Court or, as the case may be, the Controller considers just. (3) A decision of the Controller under this section shall have the same effect as between the parties and persons claiming under them as a decision of the Court.

Effective date: 2000-01-01

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