Compulsory Licensing brought down India’s Intellectual Property Index rank
Q. Compulsory Licensing is- Published on 11 Feb 16a. Manufacturing, selling or importing a patented invention without the permission of the patent-owner.
b. Manufacture or sell products only on acquiring license from the government
c. Manufacture, sell or import products through government’s permission but no licensing required
d. None of the above
ANSWER: Manufacturing, selling or importing a patented invention without the permission of the patent-owner.
- Compulsory licensing (CL) relates to the government allowing entities to manufacture, use, sell or import a patented invention without the permission of the patent-owner.
- Under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others.
- Indian patent act ensures that patentee should not be able to enjoy a monopoly for the importation of the patented article.
- Also the Indian patent act provides measure by means of CL to ensure that patents do not impede the protection of public health and nutrition and patent rights are not abused by the patentee.
