Module 8 : Science: From Public Resource to Intellectual Property

Lecture 42 : Scientific Knowledge in India: From Public Resource to Intellectual Property


In this context, the specificity of the Act was the introduction of “licences of right”. This constituted a stronger form of compulsory licensing where the government could directly request after three years from the Controller General of Patents that s/he should endorse the patent with the mention “licence of right”, if the reasonable requirements of the public were not met or if the patented invention was not available to the public at a reasonable price (Section 86, Patents Act 1970). This endorsement then gave anyone interested in working the patent the right to ask the patent holder for a licence on terms that had to be mutually agreed (Section 88(1), Patents Act 1970). An even stricter regime was put in place for patents relating to food, medicine or drugs. In this case, all patents were automatically deemed to be endorsed with the mention “licence of right” at the expiration of period of three years (Section 87, Patents Act 1970). Further, the Act provided the ultimate penalty of patent revocation where compulsory licences and licences of right failed to achieve the goal of meeting the reasonable requirements of the public. An application for revocation could be made after the expiration of a period of two years from the date of the grant of a compulsory licence or licence of right (Section 89, Patents Act 1970).