103. Reference to High Court of disputes as to use for purposes of Government
(1) Disputes over the Government’s exercise of powers under section 100, the terms of Government use, entitlement to a share of payment under section 100(3), or compensation for acquisition under section 102, may be referred to the High Court by either party, in the manner prescribed by the High Court’s rules.
(2) In such proceedings, the Central Government may counter-claim for revocation of the patent on any ground under section 64, or put the patent’s validity in issue without seeking revocation.
(3) Where disclosure of a document or evidence of prior recording, testing or trial would be prejudicial to the public interest, disclosure may be made confidentially to the other party’s advocate or an agreed independent expert.
(4) In determining terms for Government use, the High Court shall have regard to any benefit or compensation the person has received or is entitled to receive in respect of that use.
(5) The High Court may refer the whole proceeding, or any question of fact, to an official referee, commissioner or arbitrator.
(6) Where the invention was made by a Government servant or employee of a Government undertaking in the course of normal duties, disputes are instead disposed of by the Central Government following this section so far as applicable, after hearing the patentee and other interested parties.
