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Sakshi
Sakshi

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Sakshi
Asked: December 17, 20202020-12-17T23:43:05+05:30 2020-12-17T23:43:05+05:30In: UPSC PRELIMS

What is Compulsory Licensing in patents?

Explain Compulsory Licensing and its conditions!

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    1. Sagar

      Sagar

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      Sagar
      2020-12-18T00:36:26+05:30Added an answer on December 18, 2020 at 12:36 am

      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.

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