Section 92A Patents Act 1970, inserted by the 2005 amendment, provides…

Question

Section 92A Patents Act 1970, inserted by the 2005 amendment, provides for COMPULSORY LICENCE for EXPORT of pharmaceutical products to countries:

Accepted Answer

C. with NO MANUFACTURING CAPACITY in pharmaceutical sector — to address public health needs (Doha Declaration / WTO General Council Decision 30-Aug-2003)

1. Section 92A(1) Patents Act 1970 (inserted by the Patents (Amendment) Act 2005, in compliance with the WTO Doha Declaration and General Council Decision 30-Aug-2003): '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 provision implements the TRIPS flexibility allowing developing countries to import generic pharmaceuticals from India.
3. The Doha Declaration on TRIPS and Public Health, 2001 affirmed that TRIPS shall be interpreted to support members' right to protect public health.
4. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 92A (inserted by Patents (Amendment) Act 2005); WTO Doha Declaration on TRIPS and Public Health 2001_

Answer

in Europe or North America only, excluding African and Asian countries (cf. Patents Act 1970, Section 92A (inserted by Patents (Amendment) Act 2005); WTO Doha Declaration on TRIPS and Public Health 2001)

Answer

with high economic GDP only, regardless of pharmaceutical capacity (cf. Patents Act 1970, Section 92A (inserted by Patents (Amendment) Act 2005); WTO Doha Declaration on TRIPS and Public Health 2001)

Answer

with bilateral trade agreements with India, excluding multilateral framework (cf. Patents Act 1970, Section 92A (inserted by Patents (Amendment) Act 2005); WTO Doha Declaration on TRIPS and Public Health 2001)