TMI Blog2012 (9) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... transfer of technical knowhow by the licencee to any other person who wish to manufacture same product by using the process developed by the appellant herein. This itself would indicate that there is no permanent transfer of intellectual property right to the licencee in the agreement. Be that as it may, the appellant has not made out a prima facie case for complete waiver of pre-deposit of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l property rights. 3. Heard both sides and perused the records. 4. It is the claim of the ld.Counsel that the appellant has not permanently transferred the technical knowhow to the licencee. He would take us through the clauses of the agreement and submit that the said agreement does not indicate anywhere that the transfer of technical knowhow is temporary. It is his submission that this is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te that it is a temporary transfer of technical knowhow and it is also her submission that the agreement categorically state that transferring of further development in the process to the appellant's receiver of the technical know how which indicate that it is not a permanent transfer. It is her submission in a permanent transfer, it is a sale and purchase agreement. The agreement in question does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the issue can be considered at the time of final disposal of the appeal. The appellant needs to be put some condition to hear and dispose the appeal. 8. Accordingly, the appellant is directed to deposit an amount of Rs.4 lakhs (Rupees Four Lakhs only) within a period of eight weeks from today and report compliance on 09.10.2012. Subject to such compliance being reported, the application f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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