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THE PHARMA REVIEW (NOVEMBER - DECEMBER 2014)

Tale of First Ever Compulsory License in India

Guru Prasad Mohanta & Prabal Kumar Manna

Introduction: Chapter XVI of the Patent Act 1970 [as Amended by Patent (Amendment) Act, 2005] deals with Compulsory License provision. The present article discusses a case of Compulsory License which may be used as case study in teaching Forensic Pharmacy. This case is related to: anyone or any interested party can seek a compulsory license for a patented drug if the patent holder cannot meet the demand in terms of affordability and availability within three years of granting patent [Section 84]. Another provision [Section 92] that permits the Government of India to notify Compulsory License would be discussed as a separate case study. 

 

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