GLAXO SMITH KLINE PLC vs CONTROLLER OF PATENTS & DESIGNS .

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 Amendment Act, 2005. The Court held that with the deletion of Chapter IV-A of the Act, all pending EMR applications must be treated as requests for patent examination under Section 11B(3). Consequently, the Court remanded the matter to the Controller for a fresh decision, affirming that the EMR claims could not be revived post-amendment.