Section 88 Patents Act 1970 deals with POWERS OF CONTROLLER on application for compulsory licence under Section 84. The Controller may:
Answer & Solution
Correct answer: B.
1. Section 88 Patents Act 1970: 'In settling the terms of a licence under section 84, the Controller shall endeavour to secure that — (a) the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (b) the patented invention is worked to the fullest extent reasonably practicable and at the price reasonably affordable to the public; (c) the patentee or other person beneficially entitled to the patent derives a reasonable advantage from his patent rights.'
2. Section 89: general purposes for granting compulsory licences (commercial working, reasonable price, fullest extent practicable).
3. Section 90: terms and conditions.
4. 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 88_
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