INDIA Law and Practice Contributed by: Anu Paarcha, Aniruddh Bhatia, Mishthi Dubey and N Parvati, Saikrishna & Associates
istering their title over the patent. This will be accompanied by the copies of the licence agree- ment. Regarding the compulsory licence, as per Sec- tion 84 of the Act, an application has to be made to the Controller and should set out the nature of interests of the applicant, based on which the application is being made. While considering this application, the Controller will take into account:
• the nature of the invention; • the ability of the applicant to work the inven- tion; • the ability of the applicant to undertake any risk in providing the capital required for work- ing the patent; and • whether the applicant had made any effort to obtain a licence from the patentee but failed to obtain one within a reasonable period.
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