Section 88 – Powers of Controller in Granting Compulsory Licenses

  • As per section 84, if the Controller is convinced that the patentee is imposing or has imposed conditions upon a person using or requesting for using the license of the patent (the applicant of compulsory license) to manufacture, use or sell any materials which are not actually protected by the patent for the purpose of holding the license to the patent, the Controller shall grant the compulsory license to the applicant for Compulsory License or to the customers of the applicant as he thinks fit.
  • If an application for Compulsory License is made as per section 84 by a licensee as mentioned above, the Controller may either order a grant of Compulsory license cancelling the older license completely or issue an order to amend (change) the existing license as he thinks fit.
  • If a person holds two or three patents which are improvements or advancements to the patent for which a licensee has applied for a Compulsory License and if the Controller is convinced that the licensed patent under the application has not been made available to the public requirements within a period of time and if the license holder or the applicant for Compulsory License cannot efficiently execute the license so granted for compulsory license without holding right of the other patents which are improvements or advancements of the patent; the Controller may order grant for the Compulsory License of all the Patents to enable the license of the first patent to be executed effectively.
  • When the terms and conditions of the license of a patent is settled by the Controller and if the licensee after executing the license for the patent in commercial scale has already executed the license not less than 12 months and faced a loss due to the Conditions of the license; the licensee shall make an application to the Controller to revise the terms and conditions of the license to be profitable for the licensee. Such application shall only be made once.

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