Glaxo Smith Kline Plc & Ors vs Controller Of Patents & Designs & Ors

The Supreme Court addressed the appeals concerning the grant of Exclusive Marketing Rights (EMR) under the Patents Act, 1970, specifically referencing Section 5(2) and Section 78 of the Amending Act, 2005. The Court held that with the deletion of Chapter IV-A of the Act, all pending EMR applications were to be treated as requests for patent examination under Section 11B(3). Consequently, the Court ruled that the applications for EMR could not be revived post-amendment, affirming the Controller's decision to reject the EMR applications.