Special provision for compulsory licences on notifications by Central Government.
—(1) 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 noncommercial 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, and thereupon the following provisions shall have
effect, that is to say—
(i) the Controller shall on application made at any time after the notification by any
person interested, grant to the applicant a licence under the patent on such terms and
conditions as he thinks fit;
(ii) in settling the terms and conditions of a licence granted under this section, the
Controller shall endeavour to secure that the articles manufactured under the patent
shall be available to the public at the lowest prices consistent with the patentees
deriving a reasonable advantage from their patent rights.
(2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of
licences under this section as they apply in relation to the grant of licences under section
84.
(3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on
consideration of the application referred to in clause (i) of sub-section (1) that it is
necessary in—
(i) a circumstance of national emergency; or
(ii) a circumstance of extreme urgency; or
(iii) a case of public non-commercial use,
which may arise or is required, as the case may be, including public health crises, relating
to Acquired Immuno Deficiency Syndrome, Human Immuno Deficiency Virus,
tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in
section 87 in relation to that application for grant of licence under this section:
Provided that the Controller shall, as soon as may be practicable, inform the patentee
of the patent relating to the application for such non-application of section 87.
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