Provisions For Compulsory Licensing Under Section 84 Of Indian Patent Act,1970 : An Analysis And Consequences

Abstract

Provisions for Compulsory Licensing in India can be said to have been derived from Article 31 of the TRIPS. Chapter XVI of the Patents Act, 1970, deals with the provisions and procedures related to the granting of Compulsory Licenses in India. Section 84 of the Patents Act, 1970 mentions who can apply for a Compulsory License, according to which any interested person including an existing licensee can make an application for the grant to the controller. According to the section 84, the application for the grant of a Compulsory License can be made any time after the expiration of three years from the date of grant of patent, Following conditions shall be fulfilled- (a) The reasonable requirements of the public with respect to the patent invention have not been satisfied(b)The patented invention is not available to the public at a reasonably affordable price(c)The patented invention has not been operational in the territory of India.

Under section 92(1) of Indian Patent Act,1970, if the central government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non- commercial use, 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.