The question (15 marks)
When may a compulsory licence be granted under the Patents Act 1970? Discuss the grounds, the factors the Controller must consider and the terms of the licence, with reference to the first compulsory licence granted in India. (15 marks)
Syllabus head 2.10; compulsory licensing and the Bayer compulsory licence.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Law of Patents of Intellectual Property Laws.
Authorities you will need
- Bayer Corporation v. Union of India, Bombay High Court
- Patents Act 1970, ss. 84, 90, 92 and 92A
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.