Y S PRAKASA RAO Vs. CHIEF SECRETARY GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) This is a reference under Sub Clause 4 of section 21 of the Indian Patents and Designs Act, 1911 and in this appeal we are concerned with the question of compensation payable to the petitioner. The facts of the case are as follows :

(2.) The petitioners were the proprietors of the firm "Prakash Mechanical Works" at Rajahmundry carrying on busines in Telugu Typewriters which were invented by them. The petitioners obtained a Patent No. 48890 of 1953 and 57184 of 1956 in respect of the Telugu Typewriter called "Prakash Andhra Mudralekhini" (herinafter referred to as PAM for privity). The petitioners approached the Government to approve their typewriter for use in Government Technical Examinations in Typewriting. In the year 1958 the Director, Technical Education Government of Andhra Pradesh approved the petitioners' typewriter for use in technical examinations but subsequently the Government cancelled the order of approval. The petitioners were directed to approach the Ministry of Education for an interveiw in connection with the proposal of the Government for acquisition of the patent rights of the petitioners in their typewriter by the Government.

(3.) Meanwhile the Government who had possession of the petitioners "typewriter prepared what they called. The Standard Key Board" and invited tenders from leading typewriter manufacturers like M/s, The Remington Rand of India Limited etc. According to the petitioaers the Standard Key Board received by the Government was nothiag but a replica of the telugu typewriter invented by petitioners. It was contended that the Government had copied all the novel features contained in the petitioners typewriter PAM but only varied the placement of the letters. The Government had no right to get the machines manufactured by private companies ignoring the patent rights of the petitioners without following the provisions of the Patent and Designs Act 1911 (hereinafter called the Act). The Government also called for tenders from manufacturers and preferred the Remington Rand of India and the Rayala Corporation (Private) Ltd. for the manufacture of typewriters and placed initially an order on the former company for the manufacture of 300 typewriters. In the tenders called for by the Government from various manufacturing concerns the Government imposed a condition that if there was any violation of the patent the private companies could not hold the Government liable. The petitioners contended that it was clear therefrom that the Govt. was aware of the fact that they were infringing the petitioner's patented rights. The petitioners gave notices to the manufacturer alleging violation of their patented rights. As there was no response from the Govt. the petitioner moved the High Court of Andhra Pradesh in Writ Petition No. 193 of 1967 and prayed for issue of a writ of mandamus to the Chief Secretary and the Director, Stores, Andhra Pradesh Government to conform to the provisions of the Patent and Desings Act of 1911 and prayed for preventing the respondents therein from interfering with the patent rights of the petitioners with respect to the Telugu Typewriters.