Section 84(6) Patents Act 1970 enumerates factors for determining whether 'reasonable requirements of the public' have been satisfied for the purposes of compulsory licence. Which of the following is one of those factors?
Answer & Solution
Correct answer: A.
1. Section 84(7) Patents Act 1970 enumerates factors for determining 'reasonable requirements of the public': for the purposes of Section 84(1)(a), reasonable requirements of the public shall be deemed not to have been satisfied — (a) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms — (i) existing trade or industry / its development or establishment of any new trade or industry in India is prejudiced; (ii) demand for the patented article has not been met to an adequate extent / has been met to a substantial extent by importation; (iii) market for export of the patented article manufactured in India is not being supplied; (iv) commercial working of the invention in India is hindered or prevented; (b) if the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable; (c) if the patented invention is being supplied to the public on unreasonable terms.
2. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 84(7)_
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