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Shri Kamal Nath, Union Minister of Commerce & Industry, has said that the Patents (Third) Amendment ensures that the reasonable requirements of the public with respect to availability and affordability are taken care of and public interest particularly public health and nutrition is protected. "The law effectively balances and calibrates Intellectual Property protection with public health concerns and national security. By participating in the international system of intellectual property protection, India unlocks for herself vast opportunities in both exports as well as her potential to become a global hub in the area of R&D based clinical research outsourcing, particularly in the area of bio-technology", he said.
The important public interest provisions in the Patent Law announced by Shri Kamal Nath, here today are:
(a) Conditional grant of patent [Section 47]: This empowers the Government to import, make or use any patent for its own purpose. For drugs, it also empowers import for public health distribution.
(b) Revocation of patent in public interest [Section 66]: This empowers the Government to revoke a patent where it is found to be mischievous to the State or prejudicial to the public.
(c) Grant of compulsory licence [Sections 82 to 94]: Chapter XVI deals with the general principles and circumstances for grant of compulsory licences in order to protect public interest particularly public health and nutrition. These provisions check the abuse of patent rights. They can be invoked if the reasonable requirements of the public with respect to patented inventions have not been satisfied, and the patented invention is not available for public at a reasonably affordable price, and if the patented invention is not worked in the territory of India.
Note: [Section 92]: This provides for action in case of national emergency, extreme urgency and public non-commercial use, and can be invoked without the grace period of 3 years from grant of patent.
(d) Use of invention for the purpose of Government [Sections 100 & 101]: This complements section 47.
(e) Acquisition of invention and patent for public purpose [Section 102]: This empowers the Government to acquire a patent to meet national requirements.
(f) Bolar provision [Section 107 (A) (a)]: This facilitates production and marketing of patented products immediately after expiry of term of patent protection by permitting preparatory action by non-patentees during life of patent.
(h) Parallel import [Section 107(A) (b)]: This provides for import so that patented product can become available at the lowest international price.
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