Is compulsory licensing forbidden in patents?

As per the Indian Patents Act, 1970, a compulsory license can be granted for the patents after the expiry of three years of grant of patent.

What is compulsory licensing in pharmaceuticals?

Compulsory licensing is a process by which a government licenses companies or individuals other than the patent owner to use the rights of the patent—to make, use, sell, or import a product under patent—without the permission of the patent owner.

What is compulsory licensing with respect to patents?

What is compulsory licensing? Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.

What is the procedure for seeking a compulsory license?

Requirements for obtaining a compulsory license

1. The reasonable requirements of the public with respect to the patented invention have not been satisfied; or.
2. The patented invention is not available to the public at a reasonably affordable price; or.
3. Patented invention is not worked in the territory of India.

What are the consequences of compulsory license?

Compulsory licenses are extremely powerful rights granted to governments, which must be used prudently. A compulsory license restricts the rights of a patent holder by authorizing third parties to make, use, and sell patented products without the consent of the patent holder.

Who is the beneficiary of a compulsory Licence?

the beneficiary of a compulsory license has the right to perform acts covered by the exclusive right under an authorization given by a government authority against the will of the owner of the patent for invention. The desire to balance between the private rights (protection) and the public interests(usage).

Which industries require compulsory licensing?

The industries requiring compulsory licensing are:

• Distillation and brewing of alcoholic drinks.
• Cigars and cigarettes of tobacco and manufactured tobacco substitutes.
• Aerospace and defense equipment.
• Industrial explosives -including detonating fuses, safety fuses, gun powder, nitrocellulose and matches.

Who is the beneficiary of a compulsory licence?

Who can apply for compulsory licensing?

Moreover, the Indian Patent Office might grant a compulsory licence only if the use of the patented product is not satisfying public requirements, or the patented product is not accessible to the public at a reasonable price, or the patentee has not worked the patented product in India[3].

Who grants compulsory licensing?

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. (c) A compulsory license must be granted mainly to supply the domestic market.

When can compulsory licensing be granted?

For instance, under Indian Patent Laws, a compulsory licensing can be granted after 3 years of getting a patent.

What are the terms and conditions of compulsory license?

Terms and conditions of a compulsory licence the patentee’s investment in the invention; the workability of the patentee’s invention by the applicant; the selling price of the patented articles (at affordable prices); and. the term of the licence.