Compulsory licensing
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Compulsory licensing Compulsory licensing Presentation Transcript

  • CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, COMPULSORY LICENSING # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 JENI VARGHESE EMAIL PATENT DEPARTMENT info@altacit.com WEBSITE www.altacit.com
  • COMPULSORY LICENSING CHENNAI3rd Floor, ‘Creative Enclave’, • Compulsory licenses are licenses that are granted by a148-150, Luz Church Road, Mylapore, government to an individual or company seeking to use Chennai - 600 004. Tel: +91 - 44 - 2498 4821 patents, copyrighted works or other types of intellectual BANGALORE property, to do so without seeking the owners consent. Suite 920, Level 9, Raheja Towers, • Compulsory licenses-involuntary contracts between a willing 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 buyer and an unwilling seller imposed or enforced by the COIMBATORE state. BB1, Park Avenue, # 48, Race Course Road, • The individual or company granted compulsory license have Coimbatore - 641018. Tel: +91 - 422 – 6552921 to pay the owner a set fee for the license. • Objective of granting compulsory license is to prevent the abuse of monopoly granted. • Nations currently have the right to issue compulsory licenses on patents and copyrights. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory licenses under International Law CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Paris Convention for the Protection of Industrial Property : Chennai - 600 004. Tel: +91 - 44 - 2498 4821 •The purpose of the Paris Convention was to establish a system for BANGALORE inventors to protect their inventions internationally. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, •Article 5 Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 •The Paris Convention for the Protection of Industrial Property states COIMBATORE "each contracting state shall have the right to take legislative measures BB1, Park Avenue, # 48, Race Course Road, providing for the grant of compulsory licenses to prevent the abuses Coimbatore - 641018. Tel: +91 - 422 – 6552921 which might result from the exercise of the exclusive rights conferred by the patent, for example, failure to work." Berne Convention for the Protection of Literary and Artistic Works-Article 11bis(2) and Article 13(1) provide the legal basis for compulsory licensing at international level. EMAIL info@altacit.com WEBSITE www.altacit.com View slide
  • Compulsory licenses under International Law CHENNAI3rd Floor, ‘Creative Enclave’, TRIPS - Trade related aspects of intellectual property148-150, Luz Church Road, Mylapore, Chennai - 600 004. •The World Trade Organization provisions on intellectual property. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, •Contains rules on patents, copyrights and trademarks. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 •Compulsory licenses and a number of restrictions on the use COIMBATORE of compulsory licenses-Article 31 of TRIPS. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 India is a party to above international agreements for the protection of intellectual property that have provisions regulating compulsory licensing. EMAIL info@altacit.com WEBSITE www.altacit.com View slide
  • Compulsory Licenses and Patents CHENNAI3rd Floor, ‘Creative Enclave’, • The grant of a patent gives its owner (patentee) a limited148-150, Luz Church Road, Mylapore, period of exclusivity where the patentee can prevent others Chennai - 600 004. Tel: +91 - 44 - 2498 4821 from practicing the patented invention. BANGALORE Suite 920, Level 9, • This limited period of exclusivity affords the patentee Raheja Towers, 26-27, M G Road, control over the invention’s price and, in turn, gives the Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 patentee a mechanism by which he/she can regain research and COIMBATORE development costs. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • This right to exclusivity is enforced in most countries by the Tel: +91 - 422 – 6552921 judicial system, with the unauthorized manufacture, use, sale, offer to sale, or import of a patented technology deemed to be infringement. • The government has the power to revoke or limit a previously granted exclusive patent right. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Patents CHENNAI3rd Floor, ‘Creative Enclave’, • Compulsory licensees take away the patentee’s exclusive148-150, Luz Church Road, Mylapore, control over the patented technology. Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • Specific terms vary from country to country, BANGALORE Suite 920, Level 9, • Three basic situations: Raheja Towers, 26-27, M G Road, Bangalore - 560 001. (4) where a dependent patent is being blocked: Where a patented Tel: +91 - 80 - 6546 2400 invention (‘dependent patent’) cannot be worked without COIMBATORE BB1, Park Avenue, exploiting an earlier patented invention (‘original patent’), the # 48, Race Course Road, Coimbatore - 641018. owner of the dependent patent generally must obtain a license Tel: +91 - 422 – 6552921 over the original patented invention. (2) the patent is not being worked, or (3) the invention relates to food or medicine. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Patents CHENNAI3rd Floor, ‘Creative Enclave’, INDIA:148-150, Luz Church Road, Mylapore, • The objective of Patent Grant in India is to ensure that the Chennai - 600 004. inventions are worked in India on a commercial scale and Tel: +91 - 44 - 2498 4821 to the fullest extent without any undue delay. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Any interested person after expiry of three years from grant Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 of patent, may make an application to the Controller for grant COIMBATORE of compulsory license on the grounds that: BB1, Park Avenue, # 48, Race Course Road, (a) the reasonable requirements of the public with respect to Coimbatore - 641018. Tel: +91 - 422 – 6552921 the patented invention have not been satisfied, or (b) the patented invention is not available to the public at a reasonable price, or (c) the patented invention is not worked in territory of India. [Section 84(1) of Patent Act, 1970] • The controller may grant compulsory license if the above conditions are satisfied upon such terms as he may deem fit. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Patents CHENNAI3rd Floor, ‘Creative Enclave’, • While granting the compulsory license the Controller shall148-150, Luz Church Road, Mylapore, take into account - the nature of invention, time elapsed, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 ability of applicant to work the invention, applicant’s efforts BANGALORE for obtaining a license on reasonable terms. [Section 84 (6)] Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • Above not applicable in certain cases- COIMBATORE BB1, Park Avenue, (i) national emergency, or # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 (ii) extreme urgency, or (iii) public non-commercial use, or (iv) on establishment of a ground of anti competitive practices adopted by the patentee. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Patents CHENNAI3rd Floor, ‘Creative Enclave’, • Terms and conditions of Compulsory License [Section 90 (1)]148-150, Luz Church Road, Mylapore, Chennai - 600 004. (i) royalty and other remuneration, if any, reserved to the Tel: +91 - 44 - 2498 4821 patentee, or other person beneficially entitled to the patent. BANGALORE Suite 920, Level 9, (ii) Patented invention should be worked to the fullest extent Raheja Towers, 26-27, M G Road, by the person to whom the license is granted. Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 (iii) Patented article should be made available to the public at COIMBATORE BB1, Park Avenue, reasonably affordable prices. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 (iv) License granted is a non-exclusive license. (v) The right of licensee is non-assignable. (vi) License is for the balance term of the patent unless a shorter term is consistent with public interest. EMAIL info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Patents CASE LAW- NATCO Vs. BAYER CHENNAI3rd Floor, ‘Creative Enclave’, • The Controller General of India passed an order of compulsory license against148-150, Luz Church Road, Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first Mylapore, Chennai - 600 004. compulsory license post TRIPS era. Tel: +91 - 44 - 2498 4821 • NEXAVAR- anti-cancer drug, chemically known as Sorafenib tosylate (Patent- BANGALORE Suite 920, Level 9, holder Bayer Corporation) Raheja Towers, 26-27, M G Road, • Hyderabad-based Natco had filed an application for issue of compulsory license Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 to manufacture the low-cost version of Nexavar. • The compulsory license was granted in accordance with the grounds described COIMBATORE BB1, Park Avenue, under section 84 of the Indian Patent Act. # 48, Race Course Road, Coimbatore - 641018. • The license is valid till expiry of the patent in 2021. Tel: +91 - 422 – 6552921 • The compulsory license enables Natco to sell the drug at a price not exceeding Rs 8,880 for a pack of 120 tablets (one months therapy) as against Rs 2,84,428 being the cost of Nexavar sold by Bayer. • The order also makes it obligatory for Natco to supply the drug free of cost to at least 600 needy patients per year. • Natco will have to pay 6% royalty on sales to Bayer for the drug on a quarterly EMAIL basis. info@altacit.com WEBSITE www.altacit.com
  • Compulsory Licenses and Copyright CHENNAI3rd Floor, ‘Creative Enclave’, • Copyright law provides for compulsory licenses of148-150, Luz Church Road, Mylapore, Chennai - 600 004. copyrighted works for specific uses in many countries. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Remuneration or royalties received for a copyrighted Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 work under compulsory license are specified by the COIMBATORE BB1, Park Avenue, law of each country. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Berne Convention for the Protection of Literary and Artistic Works. - Berne Convention is an international agreement governing copyright . - provide for the minimum requirements to be set when EMAIL compulsory licenses are applied. info@altacit.com WEBSITE -Article 11bis(2) and Article 13(1). www.altacit.com
  • Compulsory Licenses and Copyright CHENNAI3rd Floor, ‘Creative Enclave’, INDIA-compulsory licensing can be invoked under certain circumstances148-150, Luz Church Road, with respect to both published works and unpublished works. Mylapore, Chennai - 600 004. THE COPYRIGHT ACT, 1957 Tel: +91 - 44 - 2498 4821 BANGALORE COMPULSORY LICENSE FOR WORK WITHHELD FROM PUBLIC Suite 920, Level 9, Raheja Towers, During the term of copyright in any work which has been published or 26-27, M G Road, Bangalore - 560 001. performed in public, a complaint is made to the Copyright Board that the Tel: +91 - 80 - 6546 2400 owner of the copyright in the work COIMBATORE BB1, Park Avenue, (a) has refused to republish or allow the republication of the work or has refused to # 48, Race Course Road, Coimbatore - 641018. allow the performance in public of the work, and by reason of such refusal the Tel: +91 - 422 – 6552921 work is withheld from public; or (b) has refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, the Copyright Board if satisfied, direct the Registrar of Copyrights to grant the such person or persons a license to republish the work, perform the work in public or communicate the work to the public, as the case may be, subject to payment to EMAIL the owner of copyright such compensation and subject to such other terms and info@altacit.com conditions as the copyright board may determine. [Section 31(1)] WEBSITE www.altacit.com
  • Compulsory Licenses and Copyright CHENNAI3rd Floor, ‘Creative Enclave’, COMPULSORY LICENSE IN UNPUBLISHED OR PUBLISHED148-150, Luz Church Road, Mylapore, WORKS Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • In the case of any unpublished work or any work published or BANGALORE communicated to the public and the work is withheld from the public Suite 920, Level 9, Raheja Towers, in India, the author is dead or unknown or cannot be traced, or the 26-27, M G Road, Bangalore - 560 001. owner of the copyright in such work cannot be found, any person Tel: +91 - 80 - 6546 2400 may apply to the Copyright Board for a license to publish or COIMBATORE BB1, Park Avenue, communicate to the public such work or a translation thereof in any # 48, Race Course Road, Coimbatore - 641018. language. [Section 31A (1)] Tel: +91 - 422 – 6552921 • Where license is granted, the Registrar of Copyright may direct the applicant to deposit the amount of the royalty determined by the copyright board in the public account of India or in any other specified by the copyright board, so as to enable the owner of the copyright or his heirs, executors or the legal representatives to claim such royalty at any time. [Section 31A (5)] EMAIL info@altacit.com WEBSITE www.altacit.com
  • CONCLUSION CHENNAI3rd Floor, ‘Creative Enclave’, Though compulsory licenses work as a deterrent against misuse148-150, Luz Church Road, Mylapore, Chennai - 600 004. of Intellectual (IP) rights by IP holders, it would diminish the Tel: +91 - 44 - 2498 4821 purpose of the IP system. Compulsory licenses will reduce BANGALORE Suite 920, Level 9, Raheja Towers, inventors’ incentive to develop new technologies and it will in a 26-27, M G Road, Bangalore - 560 001. way encourage inventors to keep inventions secret. This would Tel: +91 - 80 - 6546 2400 COIMBATORE defeat the main purposes of the patent system-to promote BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. innovation and to encourage disclosure of inventions. The Tel: +91 - 422 – 6552921 possibility of a compulsory license would reduce the value of the patent; therefore, inventors would be less likely to invest money to develop a new invention because the return on investment would be smaller. EMAIL info@altacit.com WEBSITE www.altacit.com
  • CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, THANK YOU 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com