IPR-Termination of Licence

From Advocatespedia, ASSN: 154063
Jump to navigation Jump to search



The World Intellectual Property Organization (WIPO) defines a patent as the right granted for an intervention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to the problem.


A patent is a type of intellectual property that provides its owner with the legal document granted by the government giving an inventor the right to make, use, and sell an invention for a limited number of years.


It requires the owner of a patent or copyright license to use their rights, for a fee, as established by law or, in a certain way, or any other form of a court proceeding or arbitration.


Compulsory Licenses are authorities that are granted to a third party by the Controller General to make or sell a particular product.

This concept of compulsory licensing is mentioned in both Indian Patents Act and TRIPS Agreement. The pre-requisites envisaged under Section 84-92 of the Indian Patent Act,1970.

As perSection 84, any person (irrespective of whether he is the holder of the patent or not) can make a request to the Controller for grant of compulsory license on expiry of three years, from the date of grant of a patent, when any of the following conditions is, fulfilled:

1. The invention has a reasonablenexus with the public interest. The patented invention can reasonably satisfy the public requirement. Thus, serving the greater good.

2. The invention is not available to the public at a reasonablyaffordable price.

3. The patented invention is notworked in the territory of India.

The Controller is also vested with the right to issue compulsory licensingSuo motounderSection 92of the Act according to the notification issued by the Government if there is either a ‘national emergency’ or ‘extreme urgency or in case of ‘Public non-commercial use.

The usual pre-requisites to be proved under Section 84 are not applicable under Section 92.

The right to be heard of the patentee can be waived off by the Controller during times of national emergency or any circumstance of extreme emergency. The Act also says that such exceptional circumstances can include a “public health crisis” relating to AIDS, TB, malaria, or other epidemics. Therefore, a pandemic like Covid-19 directly creates a situation wherein the Indian government can exercise its power under Section 92 of the Act.

Granting Of License on Exporting Patent Products

A compulsory license has been issued for manufacturing and export of particular products to any country, with insufficient or no manufacturing capacities in the pharmaceutical sector, it deals with matters of public health. The export is only allowed when the compulsory license is issued by the dialects of the country, as reported to or in any other way authorized by the import of specific drugs in India. When we buy the application under the procedure established by the Controller, a license for manufacturing and export of the relevant medicinal products is valid, that is to say, in the land of the terms and conditions, which may have been published.

Procedure granted for License under IPA, 1970

  • Afford to the general requirements of an effective cream, the invention is not to be met.

  • The patented invention is not available to the general public at an affordable rate.

  • The invention has not been developed commercially in India.


When the compulsory licensing under some terms and conditions, which is given to prove the existence of the compulsory license has been granted under the provisions of article 84 shall be revoked. The application (Form 21), together with proof that the applicant or any other person who shows an interest in the patent, the application may revoke a granted compulsory license. After that, the applicant is required to submit a copy of the application and the evidence, a compulsory license to the holder, and to report to the Controller of the entry into force of the service.

The owner of a compulsory License may submit a cancellation request, together with the evidence within a month from the date of receipt of the application and the evidence of the Inspector. A copy of the objections and evidence of the document must be provided to the license of the applicant for the owner.

After this, the Controller will have to define a fast tool for casting directors to analyze the facts and make a decision. If the Controller decides to cancel the compulsory license, both parties are going to get some of the terms and conditions of the policy.


The application provided for the mandatory provisions relating to authorization of the schemes which should be carried out rapidly. It has to constantly move, except in the case of general patent rules. The issue of a compulsory license should not be done often, this would put the research in and the rights and interests of the patent owner. Application for Compulsory licensing tends to directly affect the funding of innovation, which may lead to a global pharmaceutical company, not to the introduction of new drugs and other countries. Companies that want to protect the product from the shackles of a compulsory license are to capture the very sensitive cost.