REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual Property Rights (b) Patents
Australia notes in paragraph 256 that compulsory licensing is permitted under certain circumstances.
Is export under compulsory licence permitted for export to any country or only to certain countries?
Reply: Under the provisions of section 84(7)(iii) the reasonable requirement of public for the purpose of grant of compulsory licence shall not be considered to have been satisfied if by reason of the refusal of the patentee to grant a license or licenses on reasonable terms, a market for export of the patented article manufactured in India is not being supplied or developed. Hence, the compulsory license will be available by virtue of this section to export of patent products to any country.
However, as per provisions of section 92(A), the compulsory licence for export of patented pharmaceutical product is available to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problem.
Could India provide the internet link to the Department of Industrial Policy and Promotions discussion paper on compulsory licensing, if this is available online in English?
