Patents in India are granted to encourage inventions and ensure their commercial exploitation. But compulsory licences could threaten the integrity of the system. Vikrant Rana takes a look.
The Patent Act provides compulsory licensing measures to ensure that the patents do not impede the protection of public health and nutrition, and that the patent rights are not abused by the patentee. The compulsory licence therefore serves to strike a balance between two disparate objectives—rewarding patentees for their invention and making patented products, particularly pharmaceutical products, available to large populations in developing and underdeveloped countries at a cheaper and aff ordable price.
Grant of compulsory licence under Section 84
Any interested person, under Section 84 of the Patent Act, may make an application for the grant of a compulsory licence three years aft er the date of grant of the patent on the grounds that:
Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
India, patent, pharmaceuticals, Indian Patent Act