compulsory licensing of patent is my topic

compulsory licensing is important

1. COMPULSORY LICENSING OF PATENTS IN INDIA K. Bhoomika 9 th Sem BBA,LLB

2. Agenda What is Patent? What is a Compulsory License? Applying for grant of a Compulsory License Compulsory licensing upon Notification by Central Government Termination of compulsory license Conclusion

3. What is Patent? A patent gives an exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent. In India, this right is conferred by the government and it is for a period of 20 years from the date of publication. However this grant of exclusive right to use of a patent is not absolute and under certain conditions and circumstances third parties could be allowed to use a patent by grant of a Compulsory license .

4. What is a Compulsory License ? Compulsory licensing is when a government allows a third party to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself. Under the Indian Patent law, Compulsory licenses have been dealt with under the Chapter XVI of the Indian Patent Act, 1970. The act further mentions the prerequisites for the grant of a compulsory license under Section 84-92 of the Indian Patent law . Article 31 of TRIPS lays down the set of conditions that govern the use of compulsory licensing by WTO members, the most important of which are the following: The entity applying for a compulsory license should have been unable to obtain a voluntary license from the right holder on "reasonable" commercial terms; If a compulsory license is issued, adequate remuneration must be paid to the patent-holder A compulsory license must be granted mainly to supply the domestic market

5. Applying for grant of a Compulsory License Section 84 of the Indian Patent Act provides that an application to the Controller for the grant of compulsory license may be made by any person interested including the license holder after the expiration of a period of three years from the date of grant of a patent on fulfillment of any of the following conditions: Reasonable requirements of the public with respect to the patented invention have not been satisfied, or Patented invention is not available to the public at a reasonably affordable price, or Patented invention is not worked in the territory of India .

6. Compulsory licensing Upon Notification by Central Government: In circumstances of “ National emergency ” or in circumstances of “ Extreme urgency ” or in case of “ Public non-commercial use ” if the Central Government is satisfied that it is necessary that compulsory licenses should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette. Thereafter, the Controller shall on application made at any time after the notification by any person interested grant to the applicant a license on such terms and conditions as he thinks fit.

7. Termination of compulsory license On an application made by the patentee or any other person deriving title or interest in the patent, a compulsory license granted under section 84 may be terminated by the controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur. Further, the holder of the compulsory license shall have the right to object to such termination.

8. Conclusion The patient versus patent issue is one of the most important problems now in the modern healthcare system. Although India has only passed one compulsory license yet, the number of compulsory licenses granted worldwide is on the rise. The underdeveloped and developing countries want to pass compulsory licenses, and the developed, and the big pharmaceutical companies do not want the compulsory licenses to be passed. Thank you