37. Evidence before the Controller.—Subject to any rules made under section 44, in any proceeding
under this Act before the Controller, the evidence shall be given by affidavit in the absence of directions
by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may
take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be
cross-examined on the contents of his affidavit.
38. Certificate of Controller to be evidence.—A certificate purporting to be under the hand of the
Controller as to any entry, matter or thing which he is authorized by this Act, or any rules made
thereunder to make or do, shall be prima facie evidence of the entry having been made, and of the
contents thereof, and of the matter or thing having been done or left undone.
39. Evidence of documents in patent office.—Printed or written copies or extracts, purporting to be
certified by Controller and sealed with the seal of the patent office, of documents in the patent office,
and of or from registers and other books kept there, shall be admitted in evidence in all courts in India,
and in all proceedings, without further proof or production of the originals:
Provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered
in evidence, require the production of the originals or such further proof as it considers necessary.
40. Applications and notices by post.—Any application, notice or other document authorized or
required to be left, made or given at the patent office or to the Controller, or to any other person under this
Act, may be sent by post.
41. Declaration by infant, lunatic, etc.—(1) If any person , is by reason of infancy , lunacy or other
disability, incapable of making any statement or doing anything required or permitted by or under this
Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or , if there
be none, any person appointed by any court possessing jurisdiction in respect of his property, may make
such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing
in the name and on behalf of the person subject to the disability.
(2) An appointment may be made by the court for the purposes of this section upon the petition of
any person acting on behalf of the person subject to the disability or of any other person interested in the
making of the statement or the doing of the thing.
42. Avoidance of certain restrictive conditions.—(1) It shall not be lawful to insert—
(i) in any contract for or in relation to the sale or lease of an article in respect of which a design is
registered; or
(ii) in a licence to manufacture or use an article in respect of which a design is registered; or
(iii) in a licence to package the article in respect of which a design is registered,
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condition the effect of which may be—
(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or
his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right
to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or
licensor or his nominees any article other than the article in respect of which a design is registered; or
(b) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any
extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of
which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee,
and any such condition shall be void.
(2) A condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease
to be a condition falling within that sub-section merely by reason of the fact that the agreement containing
it has been entered into separately, whether before or after the contract relating to the sale, lease or licence
of the article in respect of which a design is registered.
(3) In proceeding against any person for any act in contravention of section 22, it shall be a defence to
prove that at the time of such contravention there was in force a contract relating to the registered design
and containing a condition declared unlawful by this section:
Provided that this sub-section shall not apply 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.
(4) Nothing in this section shall—
(a) affect a condition in a contract by which a person is prohibited from selling goods other than
those of particular person;
(b) validate a contract which, but for this section, would be invalid;
(c) affect a condition in a contract for the lease of, or licence to use, an article in respect of which
a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to
supply such new parts of the article, in respect of which a design is registered, as may be required or
to put or keep it in repair.
(5) The provision of this section shall also apply to contracts made before the commencement of this
Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after
the expiration of one year from such commencement.