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Essay On Patent Law

3729 Words15 Pages

CONTENT

1> Summary

2> The history of patent law

3> Current scenario of compulsory license

4> Recommendations with regard to the case

5> Conclusion

6> Bibliography

SUMMARY

In this assignment I will first begin with explaining the history of patent law in India. As understood in the topic (#4), this case is with regard to the grant of compulsory license. With that being understood I will then go on to explain the current scenario of compulsory license with regard to India. Then I shall go on to state the recommendations to the aforementioned case. After doing so I will finally go on to conclude the assignment.

THE HISTORY OF PATENT LAW

In India, patents have been governed by various legislations through the passage of time. These …show more content…

The legislation of Patent Law in India deals with such a case (i.e. one of compulsory license) under Section 84 of the Patents Act of 1970, which covers the grounds for granting compulsory license, the factors taken into account by the Controller for granting compulsory license, what constitutes reasonable period and other aspects of compulsory license. It is,

“(1) 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 license on patent on any of the following grounds, namely:—
(a) That the reasonable requirements of the public with respect to the patented invention have not been satisfied, or
b) That the patented invention is not available to the public at a reasonably affordable price, or
(c) That the patented invention is not worked in the territory of

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