Compulsory licencing is when, without the permission of the patent owner or intentions to use the patent-protected invention itself a government permits someone else to manufacture a patented product or process.
It is one of the flexibilities in patent security contained in the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Provision of the WTO Agreement on Intellectual Property. However a number of requirements for the issue of compulsory licences are specified in the TRIPS Agreement.
Nationally, the Indian Patents Act, 1970, governs compulsory licencing.
Conditions to be followed:-
A compulsory licence is issued only if one of the following three requirements is fulfilled:-
1)The fair public obligation with respect to the patented invention is not met.
2)The patented technology is not available at a relatively reasonable price to the public.
3)That the patented invention does not work in India.
Sagar
Compulsory licencing is when, without the permission of the patent owner or intentions to use the patent-protected invention itself a government permits someone else to manufacture a patented product or process.
It is one of the flexibilities in patent security contained in the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Provision of the WTO Agreement on Intellectual Property. However a number of requirements for the issue of compulsory licences are specified in the TRIPS Agreement.
Nationally, the Indian Patents Act, 1970, governs compulsory licencing.
Conditions to be followed:-
A compulsory licence is issued only if one of the following three requirements is fulfilled:-
1)The fair public obligation with respect to the patented invention is not met.
2)The patented technology is not available at a relatively reasonable price to the public.
3)That the patented invention does not work in India.