Compulsory licence norm adds to MNC woes

MNCs are protesting against what they see as a ‘sweeping’ interpretation of the compulsory licensing provision under the Patents Bill.

NEW DELHI: MNCs are protesting against what they see as a ‘sweeping’ interpretation of the compulsory licensing (CL) provision under the Patents Bill.
Their grouses includes third party access to patents, the imposition of CL ‘’for virtually any use of the exclusive rights granted by a patent,’’ and exports of drugs manufactured under CL to other countries.
What is worrying them is that not only can CL be imposed by the government in cases of emergency, but also that any person interested can also apply for it on the grounds that the reasonable requirements of public with respect to the patented invention have not been satisfied, 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.
Hocine Sidi Said said it provides a commercial opportunity for over 23,000 small scale operators. He told ET, ‘’They are just finding a way to continue to exist.’’
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