*[92. Special provision
for compulsory licences on notifications by Central Government.-(1)
If the Central Government is satisfied, in respect of any
patent in force in circumstances of national emergency or
in circumstances of extreme urgency or in case o public non-commercial
use, that it is necessary that compulsory licences should
be granted at any time after the sealing thereof to work the
invention, it may make a declaration to that effect, by notification
in the Official Gazette, and thereupon the following provisions
shall have effect, that is to say,-
(i) the Controller shall, on application made at any time
after the notification by any person interested, grant to
the applicant a licence under the patent on such terms and
conditions as he thinks fit;
(ii) in settling the terms and conditions of a licence granted
under this section, the Controller shall endeavour to secure
that the articles manufactured under the patent shall be available
to the public at the lowest prices consistent with the patentee
deriving a reasonable advantage from their patent rights.
(2) The provisions of sections 83, 87, 88, 89 and 90 shall
apply in relation to the grant of licences under this section
as they apply in relation to the grant of licences under section
84.
(3) Notwithstanding anything contained in sub-section (2),
where the Controller is satisfied on consideration of the
application referred to in clause (i) of sub-section (1) that
it is necessary in-
(i) a circumstance of national emergency; or
(ii) a circumstance of extreme urgency; or
(iii) a case of public non-commercial use, which may arise
or is required, as the case may be, including public health
crises, relating to Acquired Immune Deficiency Syndrome, human
immunodeficiency virus, tuberculosis, malaria or other epidemics,
he shall not apply any procedure specified in section 87 in
relation to that application for grant of licence under this
section:
Provided that the Controller shall, as soon as may be practicable,
inform the patentee of the patent relating to the application
for such non-application of section 87.]
*[Inserted by Patents (Amendment) Act, 2002, section 39]
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