Home › LL.M Entrance › Law › Intellectual Property Law › Section 92A Patents Act 1970, inserted by the 20…
Section 92A Patents Act 1970, inserted by the 2005 amendment, provides for COMPULSORY LICENCE for EXPORT of pharmaceutical products to countries:
Answer & Solution
Correct answer: C.
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_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of