*[92A. Compulsory
licence for export of patented pharmaceutical products in
certain exceptional circumstances.-(1) Compulsory
licence shall be available for manufacture and export of patented
pharmaceutical products to any country having insufficient
or no manufacturing capacity in the pharmaceutical sector
for the concerned product to address public health problems,
provided compulsory licence has been granted by such country
or such country has, by notification or otherwise, allowed
importation of the patented pharmaceutical products from India.
(2) The Controller shall, on receipt of an application in
the prescribed manner, grant a compulsory licence solely for
manufacture and export of the concerned pharmaceutical product
to such country under such terms and conditions as may be
specified and published by him.
(3) The provisions of sub-sections (1) and (2) shall be without
prejudice to the extent to which pharmaceutical products produced
under a compulsory licence can be exported under any other
provision of this Act.
Explanation.-For the purposes of this section, ''pharmaceutical
products" means any patented product, or product manufactured
through a patented process, of the pharmaceutical sector needed
to address public health problems and shall be inclusive of
ingredients necessary for their manufacture and diagnostic
kits required for their use.]
*[Inserted by Patents (Amendment) Act, 2005, section 55]
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