Compulsory Licensing in India – Talk by Gaurav Mishra

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Mr. Gaurav Mishra, Managing Associate at BananaIP Counsels delivered a talk on the Compulsory licensing provisions in India under the Patents Act on the 3rd of June 2020 at an event organized by the Department of Science and technology, Rajasthan. The webinar event was attended by over a 100 participants including, students, lawyers, medical professionals and academicians.  The talk was delivered as part of the Rajasthan, DST’s laudable initiative of creating IP awareness as well as helping the attendees grasp the nuances of the Indian Patent Law. 

In this presentation, Mr. Gaurav covered topics such as

  • Grounds for issue of compulsory licenses
  • Process for application of issue of compulsory licenses
  • Considerations taken by the controller before grant of compulsory license
  • Meaning of reasonable requirement and conditions under which reasonable requirement are deemed not satisfied
  • Revocation of patents by the controller for non-working
  • Power of controller to adjourn applications for compulsory licenses
  • General purposes for granting compulsory license
  • Terms and conditions of compulsory licenses
  • Case studies including the case between Bayer and Natco, Emcure versus Roche, BDR Pharma versus Bristol Myers Squibb (BMS) and Lee Pharma versus Astrazenca

Mr. Gaurav also discussed the need for compulsory licenses in the context of the COVID-19 outbreak / Coronavirus pandemic and the threat Gilead sciences faced over ots patented drug Remedesivir.

The full presentation may be accessed here below

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