Explain the general principles, which are applicable in exercising the powers conferred for working of patents and compulsory licenses, under the Patent Act, 1970.
CS Executive · Economic and Commercial Laws · PYQS · December 2020
Explain the general principles, which are applicable in exercising the powers conferred for working of patents and compulsory licenses, under the Patent Act, 1970.
Answer & Explanation:
Section 83 of the Patents Act, 1970 dealing with general principles applicable to working of patented invention provides that in exercising the powers conferred for working of patents and compulsory licences, regard shall be had to the following general considerations, namely: that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; that patents granted do not in any way prohibit Central Government in taking measures to protect public health; that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public. Section 84 of the Patents Act, 1970 provides that at any time after the expiration of three years from the date of the grant of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely: that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or that the patented invention is not available to the public at a reasonably affordable price, or that the patented invention is not worked in the territory of India.
Topics: Intellectual Property Rights
Related Questions in this Topic
- State the genesis of the Trade Related Aspects of Intellectual Property Rights (TRIPS).
- What are the types of Intellectual property covered by Trade Related Aspects of Intellectual Property Rights (TRIPs) ? E...
- Discuss the mission and the ways through which WIPO promotes the development and use of international intellectual prope...
- What is meant by "Geographical Indications" under intellectual property rights ?
- What is meant by 'piracy of a design'?