How many compulsory licenses have been granted by the Indian Patent Office?

Question

Neha, a photographer, takes a beautiful photograph of a sunset and posts it on her personal blog. A local travel magazine uses the image without Neha’s permission. The publishers credit Neha as the photographer but do not pay her or seek her consent. Neha considers taking legal action against the magazine. In this context which of the following options is correct?

Answer 1

Step 1: Understand a compulsory licence.
It lets a third party make or sell a patented product without the patent owner's consent, in special situations that serve the public.

Step 2: Recall the legal rule.
Section 84 of the Patents Act, 1970 allows this when the public need is unmet, the price is too high, or the patent is not worked in India.

Step 3: Recall India's record.
India has granted only one compulsory licence since the product patent regime began.

Step 4: Identify the case.
In 2012 the Patent Office gave Natco Pharma a licence to make a cheaper version of Bayer's cancer drug Nexavar.

Step 5: Conclude.
So the count is one.

Answer: One (Option 4).

How many compulsory licenses have been granted by the Indian Patent Office?

Show Hint

The Correct Option is D

Solution and Explanation

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