SpicyIP Guest Post: CL discussion draws to an end

Suchita Saigal, our regular guest blogger, has sent us this interesting post on what could be the possible conclusion to the events kicked off by the Compulsory Licensing ‘Discussion Paper’ released by the Department of Industrial Policy and Promotion.

Much Ado about Nothing
by Suchita Saigal

The compulsory licensing consultation process which began with the DIPP issuing a discussion paper on compulsory licensing of patents was brought to a close today by the press release released by the Ministry of Commerce and Industry. The press release states that the Government has concluded that the framework of the Indian Patents Act and Rules fully meets all obligations and provides adequate guidance for the issue of compulsory licences. Hence, in these circumstances, no additional guidelines are required. The press release also states that in order to ensure that the power to grant compulsory licenses is exercised with due care and caution the Controller General of Patents has been advised not to delegate this power to any subordinate authority. The Controller General has also been requested to ensure that all compulsory licence applications are decided promptly. Lastly, the Controller General has been advised to ensure prompt and effective compliance with all the reporting requirements of patentees stipulated in the Patents Act. In his annual report to the Government, the Controller General has been requested to specifically review the data received from patentees under Section146 of the Patents Act. In earlier posts, Spicy IP has covered both the issuance of the paper and the responses received.

Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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