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COMPULSORY LICENSING
A compulsory license is a permission or permit granted by the government that enables an applicant to produce, utilize, and market a product that is patented or to employ a patented technique without the patentee’s consent.
• The Indian Patents Act of 1970 and the Agreement on Trade-Related Aspects of Intellectual Property Rights both address compulsory licensing in Chapter XVI.
• A compulsory license application may be submitted at any moment following the expiration of three years from the date of patent sealing.
• In accordance with Section 92 of the Act, the Controlle of Patents may also grant compulsory licenses Suo- motu in response to a notification from the Central
Government in the event of a national emergency, extreme urgency, or “public non-commercial use.”
• Example: Bayer Corporation vs Natco Pharma (2013) was the first case in India in which a compulsory licence was granted to Natco Pharma for a Kidney cancer drug named “Nexavar”.