Patent licensing in india

 


com Patent Licensing Hasit Seth Pune, India hasits a-t gmail. Although the designations of the Controllers differ, all of them (with the exception of the Controller General) have equal authority in administering the Patents Act. This is done through Compulsory Licensing by the government enshrined in Section 84 of the Indian Patent Act, 1970. An Indian perspective on licensing or sale of patents. Increasingly companies are willing to enter into Patent licensing explained As the largest contributor to cellular standards throughout the generations, we have pioneered many of the technologies used every day on our phones – from location-based apps and touchscreen scrolling, to Bluetooth and seamless handovers between networks. The need to find a balance between the rights of pharma patent holders and public health has triggered some highly passionate debates in the last three decades. The nascent giant. Although India has the world's second-largest telecommunications network (on the basis of total number of telephone users), 1 Indian jurisprudence on fair, reasonable, and nondiscriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a nascent stage. The Indian Patents Act, 1970, was amended in 1999, 2002 and 2005, making the patent regime of India compatible with TRIPS. A patent grants the patent owner the right to stop others from making, using, selling or offering for sale the patent owner’s invention without consent. 01. Section 84: Grant of compulsory license due to “Non- working/Unaffordable Prices of patented article. Landmark case of Compulsory Licensing in India. For information from our Legal reviewer on how to license your patent rights, scroll down! Last Date for receiving applications has been extended up to 31st March, 2019 in respect of Vacancies in the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks on Deputation basis published on 14th January, 2019. com. Compulsory licences are in essence, government authorizations which allow a third party to make, use, or sell a patented product without the consent of the patent owner. FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA. At its basics, licensing is the selling of intellectual property to a person or business that wishes to produce it for a profit. India only began issuing patents for drugs in 2005 in order to comply with the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Aug 07, 2014. However, negotiating IP licensing agreements in India requires a keen knowledge of Indian laws and licensing practices. Now, you can do so for profit; and this is the reason our introduction went in the way it did. The conditions which need to be fulfilled in order for a compulsory licence to be granted are laid down under Sections 84 and 92 of the Act. However, section 84 of the Patents Act, 1970 (Patents Act), the provision under Indian patent law that provides for the issue of a compulsory licence, was enforced for the first time in Natco v Bayer, in relation to Bayer’s patented drug ‘sorafenib tosylate’. Email: daman_ghai@yahoo. ‘License of Rights’ seems a good option for Patentees, who are seeking to license their patents, but do not have resources and time for commercialization of Patents yet want to benefit from their Patents. The trend of continued rejection of compulsory licence applications in India goes against the local generic drug manufacturers and public health safeguards incorporated in the Indian patent law. Under the new legislation, patentees were able to exercise greater control over their innovations and their exclusive markets. India’s First Compulsory License of Patent: On March 9, 2012, India’s first compulsory license (CL) was granted by the Patent Office to Natco Pharma Ltd. It laid down that Xiaomi was using the 3G patents licensed by Qualcomm, which in turn was licensed to it by Ericsson. The current system of compulsory licensing for patents in India is contained in Chapter XVI of the Patents Act 1970, under the sections 82 to 94. Introduction of a facility (“mail box”) from January 1, 1995 to receive and hold product patent applications in the fields of pharmaceuticals (and agricultural chemicals). The 2018 report had asserted that ‘India has yet to take steps to address longstanding patent issues’, among which were the ‘long timelines for receiving patents’. ”Patent is the act by which a inventor has the right of exploiting its object during the stipulated period of time. for producing generic version of Bayer Corporation's patented medicine Nexavar, used in the treatment of Liver and Kidney cancer. The process is a bit complex and deadline dependant and failure to meet deadlines can lead to abandonment of your patent. Trademark Assignment is a permanent transfer of ownership from the proprietor a registered trademark to another person in lieu of a consideration. BananaIP Counsels > Patents > Patents, Compulsory Licensing and Business Strategy. Patents, Compulsory Licensing and Business Strategy. Microsoft Sues Foxconn Parent Company For Missing Patent-Licensing Payments In 2017, Foxconn had agreed to be audited by a third party - Deloitte - but the company has still not submitted any documents that were requested, the filing noted. Given the recent transition of India to a pharmaceutical product patent regime, it is expected An Indian perspective on licensing or sale of patents. April 25, 2017. This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. . 2018 · A patent is a right granted to the owner to stop others from using his invention without his consent for making, using, selling or offering for sale his patent. 27. But in recent years there has been a patent litigation shift from the India offers vast market potential for licensors and represents one of the world's most fertile sources of innovation. K and K has team of 110+ Intellectual property (IP) professionals including patent agents, trademark agents and Before proceeding to stating anything regarding patent licenses in India, it is important to note that the though the Indian Patents Act speaks about licenses for “granted” patents and is silent about patents that have not yet been granted but are being assigned or licensed or undergoing some change ion ownership, it is to harmoniously and 31. 14 Apr 2017 Patents are monopoly rights and intangible by nature. Get contact details and address of Patent Registration Services firms and companiesGNA is a leading intellectual property consultancy and legal advisory firm providing consultancy for patent search and licensing and technology transfer in India. Patent licensing plays a vital role in technology commercialization. Key licensing elements Essay on Addressing Monopolies through Compulsory Licensing Amit Singh, Asst. India’s second compulsory licensing application filed by domestic company BDR Pharma on dasatinib, an anti-cancer drug patented by Bristol-Myers Squibb, has been rejected by the Indian Patent A company that owns rights in a patent, know-how, or other IP assets, but cannot or does not want to be involved in the manufacturing of products, could benefit from the licensing out of such IP assets by relying on the better manufacturing capacity, wider distribution outlets, greater local knowledge and management expertise of another company Patent. 2019 · Check out for the latest news on Kodak patent licensing along with Kodak patent licensing live news at Times of India + Sun, Feb 10, 2019 | Updated 10. How much does it cost to file a provisional Find service providers of Patent Licensing Service in Pune India - Patent Licensing Service verified companies listings from Patent Licensing Service with catalogs, phone numbers, addresses and more. singh@nlujodhpur. Section 48 of the Indian patents act, 1970 deals exclusively with the rights of patentees which prevents the third parties, who do not have the consent of the patentee, from the act of making, using, offering for sale, selling or importing for those purposes the patented product in India. Microsoft has sued Hon Hai for patent royalties that it allegedly owes as a result of a 2013 patent-licensing deal it forged The patent registration process in India takes 3-5 years from filing till grant. Character Licensing is another big licensing segment of brand licensing in India. It then outlines the scope of the 'compulsory licensing' regime as. 11. Concur IP is a leading IP consulting company, formed with the purpose of providing high-end IP services in a cost-effective manner. However, earlier this month, the India's Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) went a step further and authorized its first compulsory license to Natco Pharma (India) for Bayer's (Germany) Nexavar (sorafenib). co. Shortcomings Of The Statutory Licensing In India According to the new amended law two specific sections 31Cand 31D has been added which attracts a lot of attention due to some shortcomings under the law. All Our Patent Are Belong To You - Read Tesla opens its all patents for making it open source so that people can use it and help penetrate electric vehicle movement deeper in society. Regrettably, this very important part of a licensing agreement is often treated as a boilerplate provision. It raises serious questions about the intervening role of the state in patent monopoly to equalise the competing interests between patent holders and This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. 2019 · Meaning of Patent WIPO defines patent as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. 0 Comments. Be it pre-litigation support or providing support throughout the litigation cycle, Sagacious, with its extensive work with the largest and most active NPEs, Role of working statement in compulsory licensing and patent revocation. Compulsory license can be granted in India at any time after the expiration of three years from the date of the Pharmaceutical Industry Faces Compulsory Licensing in India. com, amit. In particular, it examines the history/background/rationale of the present ‘compulsory licensing Outside the United States. GNA has sponsored Patent Gurukul for creating Patent Awareness and Patent Proficiency among students and professionals in India. It allowed innovations patented elsewhere freely copied and marketed in India. IIPRD is a premier Patent Support, Technology Consulting, and IP Licensing Firm based in the United States and India with a diversified business practice providing services in the domain of Commercialization, Valuation, Licensing, Technology Transfer and Due-Diligence of Intellectual Property Assets along with providing complete IP and Patent Analytics and Litigation Support Services to International Corporates and Global IP Law Firms. Landmark case of Compulsory Licensing in India 1. Trade Mark Licensing in India is governed by the Trade Marks Act, 1999 (hereinafter, “the Act”). Monetizing patents: Trends in royalties and licensing. Compulsory patent licensing Saikrishna & Associates India March 20 2015 IP jurisprudence is based on the premise of a quid pro quo between innovators and the state. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. Filing a patent application directly in a foreign country, without first filing in India; Filing an international patent application under the Patent Cooperation Treaty (PCT) in a country other than India, without first filing in India; Filing a patent application directly in a foreign country, LICENSEE is desirous of obtaining an non-exclusive license in the INDIA in order to utilize the BIOPRODUCT MATERIALS, and to practice the above-referenced invention covered by PATENT RIGHTS in the INDIA , and to manufacture, use and sell in the commercial market the products made in accordance therewith. However, compulsory licensing came to the forefront in discussions across the manufacturing sector and more so in the pharmaceutical industry when, a few months ago, the Controller of Patents in India, passed a landmark order pertaining to compulsory licensing on 9 March 2012. 21. 14-11-2016. Bayer holds an Indian patent for the chemotherapy drug sorafenib tosylate, sold under the trade name Nexavar. Compulsory Licensing of Patents in India: 10. GNA is a leading intellectual property consultancy and legal advisory firm providing consultancy for patent search and licensing and technology transfer in India. Types of Patent Licensing. India and its IP policies have since long, been the target of constant accusations. comSynoptic IP, a growing Intellectual Property Research firm in India offers Patent Search Services, Cheap Prior Art Search Services like Drafting, Filing, Docketing, Licensing, Prosecution and more to Firms and Patent Brokers in the US. The first compulsory licensing application should reach the patent office by mid-2011, they add. About the Course: India offers vast market potential for licensors and represents one of the world's most fertile sources of innovation. The Government of India’s refusal to strongly repudiate MAFW’s GM licensing guidelines has already resulted in the withdrawal of next-generation innovative biotechnology from the Indian marketplace, and has given pause to many other companies who seek to protect their innovative products. This article discusses the same. PATENT PROTECTION AND INDIAN PHARMACEUTICAL INDUSTRY Damanjeet Ghai University Institute of Pharmaceutical sciences, Chandigarh – 160014, India. , studied Intellectual Property Law at National Law School of India University (2010) Voluntary licensing is done for profit or social cause. These patent litigations originating from India have drawn global attention. Obtain a Patent in India. Further, this Act restricted import of finished – formula, Compulsory patent licensing Ever since the Indian Patent Office issued a compulsory licence in favour of Indian generic manufacturer Natco Pharma for Bayer’s patented anti-cancer drug GNA is a leading intellectual property consultancy and legal advisory firm providing consultancy for patent search and licensing and technology transfer in India. 2015 · Introduction to Compulsory Licensing. A landmark decision, under the amended Indian Patents Act (2005), allows Natco to make and sell in India, a similar version of Bayer's Nexavar, an advanced kidney cancer drug. An innovator which is granted a Learn How to Patent a Business Big Data Idea Innovation from our team of GENIUS Strategist who are there to guide YOU through 10 step INNOVATION guide. This is called Partial transfer of Trademark or Licensing of Trademark in India. Sagacious IP helps law firms, corporates, inventors, researchers, inventors & entrepreneurs take significant & informed Intellectual Property related decisions through intelligent IP research solutions. Compulsory licenses for export to countries with no Ericsson had filed a patent infringement suit for eight of its patents essential to 2G and 3G standards registered in India, against Xiaomi in December 2014. Natco Pharma Ltd. The proprietor of a trademark may license to use its trademark Legal Question & Answers in Intellectual Property in India : patent licensing where can I get information or news with specific patent GNA is a leading intellectual property consultancy and legal advisory firm providing consultancy for patent search and licensing and technology transfer in India. This article further discusses the procedure followed by India in granting a compulsory license, provides an Microsoft sues Foxconn's parent company Hon Hai over patent payments. Third part of the paper will examine the voluntary licensing system and agreements which can demonstrate how it can provide Article Indian government think-tank proposing sweeping changes to boost pharma sector. This article discusses the sameLicensing could very well be the most lucrative way to make a living today. ), which had to take effect from 1-1-2000. Monetize your IP assets and develop licensing strategies. The total number of pages includes description, claims, drawings and sequence listing if any. n India opposed introduction of three-step test - demanded compulsory general license similar to Article 11bis (2) B. By granting a license to a person, the patent owner authorizes the person (licensee) to exercise the patent rights under certain circumstances. 3% of patents are commercialized. And in early 2013, India's Supreme Court denied patent protection for Glivec, which is used to treat leukemia, despite the fact that it continues to be protected by patents in almost every other country. On conclusion of the GATT Uruguay Round in 1994, regulation of intellectual property laws was introduced in the trade law. After 3 years from Grant of Patent compulsory Licensing can be granted by Controller of Patents to any interest persons, including the license under the Patent, on the following grounds:patent rights can be enforced against infringers, many countries do not determine whether these tests have been met though a substantive examination as in the United States, Japan, the U. It also applies to all granted patents whose term had not expired on 20 May 2003. patent licensing in indiaThe license was granted to Indian generic drug manufacturer Natco Pharma Ltd for Sorafenib tosylate, a cancer drug patented by Bayer. And voluntary out-licensing of a new product can be a better option than compulsory licensing to a patent holder. Pitfalls to Avoid in Indemnification Clauses in Tech Licensing agreements. Placement requests are going on and serviced due to heavy demand from Patent Gurukul. We focus on niche areas in which we provide significant Patent Monetization and Licensing Solutions. TRIPS also provides for the concept of “compulsory licensing”, the mechanistic formula in order to checkIntellectual Property Law in India Legal, Regulatory & Tax About NDA Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich. IIPRD is a premier Patent Support, Technology Consulting, and IP Licensing Firm based in the United States and India with a diversified business practice providing services in the domain of Commercialization, Valuation, Licensing, Technology Transfer and Due-Diligence of Intellectual Property Assets along with providing complete IP and Patent The compulsory licensing regime in India has always been embroiled in controversy, more so when it involves compulsory licensing of pharmaceutical patents, the latest being a statement US-India Business Council (USIBC) made in its report issued in response to the …Specialized Patent Attorneys in Intellectual Property Rights Working in Holistic View to Envision a better World and Empowering 8 Billion Souls How do I file a provisional patent application? Hire qualified patent strategist to write and file a provisional patent application before the patent office. The holder of an exclusive license gets the rights of a patentee and he can enforce such as a patent of Addition. GNAs ® offers peerless solutions to clients in the areas of intellectual property protection and enforcement. Others attempt to generate revenue by buying and enforcing patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to further develop, manufacture or market the patented invention. Find more details about licensing and technology transfer in Indiaand Patent drafting filing and prosecution please visit www. |In Patents. In India, patent attorneys or patent agents are registered under the Indian Patents Act, wherein patent attorneys in India work closely with clients in conducting patent searches, drafting patent applications, filing patents and… Compulsory licensing of patented pharmaceutical inventions: evaluating the options such as India, ‘Adequate Remuneration’ for Non-Voluntary Patent Compulsory licensing is a practice critical to patent holders in pharmaceutical industry. patent protection in many countries. Patent ability opinions can be obtained from a person those who specialize in obtaining and enforcing patents for inventors. To that end, we are going to answer the question: “what is patent licensing in India?” Patent Licensing: the definition. The objective behind this licensing is to prevent the abuse of monopoly granted. Whereas, Trademark licensing is just an authorized use by the third party, it is basically defined as permitted use in Trademarks Act. The 20-year term was introduced by the Patents (Amendment) Act 2002. Nair (Gopakumar Nair Associates) for initiation of a full-time one year Residential PG Diploma course on Intellectual Property and Technology Management in Agriculture. In India, compulsory licenses are dealt with under Chapter XVI of the Indian Patent Act, 1970. Based on the fact that mobile phones use hundreds of different patents, determining standard FRAND royalty for one (or several) Patent Licensing Service At Meta Yage IP Strategy Consulting, we not only assist the patent owners in finding potential licensees, but also assist them with negotiating licensing deals. Based on the fact that mobile phones use hundreds of different patents, determining standard FRAND royalty for one (or several) The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. How to Sell a Patent. By Vindhya S. Patent are like moveable property and the patentee has the right to use, sale, transfer, license, mortgage and pledge the patent. It refers to a license given to a party to manufacture, sell or use the product or process which has been granted a patent without the permission of the owner. This is especially true since foreign law firms are prohibited from establishing offices in India. In particular, it deals with the grounds for compulsory licensing, procedure involved, decisions on compulsory licensing and TRIPS compliance issues. We assist Foreign Individuals/companies in filing PCT National Phase Applications at the Indian Patent Office. The Act empowers the proprietor or the grantee the power to issue licenses for the patent[26]. patent licensing in india India’s first ever compulsory license was granted by the Patent Office on March 9, 2012, to Natco Pharma for the generic production of Bayer Corporation’s Nexavar, a life saving medicine used for treating Liver and Kidney Cancer. 10513): Patent Licensing. K. synopticip. India provides a good case study On 9 March 2012, the then Indian Patent Controller issued the first-ever compulsory licence to Natco Pharma to manufacture an affordable generic version of sorafenib tosylate. The Patent Act in India ensures that this monopoly does not harm the competitive structure of the market so that no harm is caused to public welfare. Provisions regarding compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the TRIPS Patent Compulsory License. gnaipr. Compulsory Licensing is an authorisation given to a person to use a patented invention without any permission from the patent holder of that invention. Sagacious has the ability to think long term through the licensing process and support its clients including individual inventors and big corporates alike. Patent Licensing: the definition. Drafting a Licensing Agreement, a Patentee Perspective . In India, the patent office in 2012 granted the compulsory license to Natco Pharma for the same drug. In India, trademarks are protected both under statutory law and common law. Negotiating IP Licensing Agreements in India. Patent licensing may come about in different ways, and patent licenses can be classified as exclusive or non-exclusive. Microsoft sues Foxconn parent company for missing patent-licensing payments Microsoft in the lawsuit filed accused Foxconn of failing to provide twice-yearly …About Us. 04PM IST Notification Center Before proceeding to stating anything regarding patent licenses in India, it is important to note that the though the Indian Patents Act speaks about licenses for “granted” patents and is silent about patents that have not yet been granted but are being assigned or licensed or undergoing some change ion ownership, it is to harmoniously and Recent years have seen a growing trend among developing countries such as Thailand, Malaysia, Indonesia, India, and Brazil of enacting and utilizing statutory powers to grant, or to compel a Wir verwenden Ihre LinkedIn Profilangaben und Informationen zu Ihren Aktivitäten, um Anzeigen zu personalisieren und Ihnen relevantere Inhalte anzuzeigen. Section 69 of the Patent Act 1970 states that Searching for Indian patent equivalents is a herculean task! I've always wondered why Indian patents never featured in free online databases like WIPO's Introduction: The word licence has been derived from the Latin term 'licentia' meaning ' freedom or liberty'. 26PM IST The industry doyen pointed out that 70 percent of the major drugs are in-licensed and it is what India should look to do. is the first company to file for compulsory licensing for producing generic version of Bayer’s Corporation’s patented medicine Nexavar, used in the treatment of kidney and liver cancer. The trend of continued rejection of compulsory licence applications in India goes against the local generic drug manufacturers and public health safeguards incorporated in the Indian patent law. November 26, 2012 - 6:32 pm The main difference between patent licensing and Trade Mark licensing is that a patent holder can Trademark Licensing in India Trademark Registration India Trademark Licensing in India The trademark licensing is the action or instance of authorizing another person or company for making business usage of any registered trademark for the specified period of time and as per the mutually agreed terms and conditions, by the owner of the trademark. An Indian Patent Examiner is mandated to search for prior art and for objections under any other ground as provided in the Patent's Act, amend the Patents Act, 1970 was introduced in Parliament on 20th December, 1999 and notified on 25-6-2002 to make the Patents Law TRIPS compatible. The big players in the character licensing industry in India are Disney India, Viacom 18 and Cartoon Network Enterprises. Patent Filing in India, Patent Registration in India, Patent Prosecution in India, Patent Application Drafting Services in India Last Date for receiving applications has been extended up to 31st March, 2019 in respect of Vacancies in the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks on Deputation basis published on 14th January, 2019. However, what we need to understand is that the whole process of searching potential licensee, convincing them to buy/license our patents is a long, dynamic and continuous process and thus it should be done prudently. It then outlines the scope of the ‘compulsory licensing’ regime as it stands today. Indian Patent Act shows that the intellectual property regime in India is World Trade Organization (WTO) compatible, and that public health interests need not always be compromised. Many countries, such as Australia, China, France, India, Japan, Korea, Netherlands, Patent Licence Agreement (India) This Patent Licence Agreement is designed for use in India. A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty. Filing a patent application in the patent office is the primary step towards securing a patent to your own invention / idea. Now, once you have licensed your patent to someone else, you actually provide them with the rights to produce, use and trade with the patented product. What is a "licence of right"? Where a patent is endorsed “licences of right”, any person is entitled to a licence under the patent. amended Indian patent act 2005 explored the phenom-enon of compulsory licensing and make possible for the grant of compulsory license that are contained in the section 84 to 92 of the Indian Patents Act 1970. In many ways, it sets the tone for future cases and will spur many other generics to resort to this route. 2015) for the patent covering AstraZeneca’s diabetes management drug Saxagliptin. In particular, it examines the history/background/rationale of the present ‘compulsory licensing regime’ in India. Patent monetization. Why Patent Licensing is being done and how it differs from Patent Transfer? A patent owner can license his invention for many reasons, such as, he may not have enough money to or manufacturing facilities, so he gives license to third party to make, sell and distribute his patented invention in return of ‘royalty’. Patent Licenses A patent grants its owner the right to exclude others from practicing the patented invention, and it does not give the patent owner the right to practice the patented invention. However, there are two kinds of patent licensing and both of them open up new venues for profit. C for the educational and cultural development of newly independent colonies like India. Brand licensing in India. This is effectively India’s first patent compulsory licensing order in the post TRIPS era (there have been compulsory licenses issued under the Patents Act, 1970, but these were all prior to the 2005 amendments). Patent Licensing. What are advantages of getting patent in India? : This is the most common question that can strike through any inventor or researcher's mind when they try to analyze if their invention is worthy of patenting. Patent licensing means to either license or transfer the interest to other individuals. Our experienced expert Senior Patent and Trademark Associates provide support to clients in many of the technical aspects of IP, TM and Patent practice. Non-working of patent, b. com Patent License Under the terms of this agreement, Qualcomm has granted Smartron a royalty-bearing patent license to develop, manufacture and sell WCDMA, CDMA2000, and 4G LTE complete devices. At its basics, licensing is the selling of intellectual property to a person or business that wishes to …Last Date for receiving applications has been extended up to 31st March, 2019 in respect of Vacancies in the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks on Deputation basis published on 14th January, 2019. TRIPS provides a three-stage frame for countries such as India which did not grant product patent rights in pharmaceuticals, when TRIPS came into force on 1 January, 1995: 1. Allowing other companies to benefit from Ericsson’s innovations, lowers the barriers to entry and enables new players to enter the marketplace. International Patent filing law firm in India having a team of IPR attorneys. Wir verwenden Ihre LinkedIn Profilangaben und Informationen zu Ihren Aktivitäten, um Anzeigen zu personalisieren und Ihnen relevantere Inhalte anzuzeigen. This report is a descriptive one that explores the system of ‘compulsory licensing’ in India. About Us. IP Protection of Software in India In India, the growth of software and service-related industry has been a phenomenon since the 1990s, which has registered a consistent compounded annual growth of software exports above 50 per cent. 06. Article India’s needs for affordable and essential diabetes medicines. The objective of Patent Grant in India is to ensure that the inventions are worked in India on a commercial scale and to the fullest extent without any undue delay. What’s more we also help connect inventors with entrepreneurs and investors to commercialize and monetize their inventions. Type of license to be issued to a patent is the sole business of the patent owner depending on his requirement. It made pharmaceutical product innovations, as well as those for food and agro-chemicals, un-patentable in India. How To Patent Your Blockchain big data patent in India. Negotiating IP Licensing Agreements in India. Based on the fact that mobile phones use hundreds of different patents, determining standard FRAND royalty for one (or several) However, there are intricacies rather with that process. Licensing could very well be the most lucrative way to make a living today. Technology licensing Origiin IP Solutions LLP, with a group of experienced patent agents and attorneys from various areas of technology domain provide patent licensing support services such as evidence of use search, identifying potential buyers and due diligence support services. So, you own a business or want to own a business, and you are thinking if the Trademark registration India really necessary step? is it something which is just good to have for a business or a must have for a business ? well, let me ask you a question,Together with Bayer’s failed challenge that India’s patent legislation under which the compulsory licence was granted was not compliant with the TRIPS agreement (the TRIPS agreement puts restrictions on the ability of WTO members (of which India is one) to restrict the exclusive rights of patentees through – among other things - compulsory licences), this has lead to significant media The Licensing Executives Society International (LESI) is an association of 32 national and regional societies, each composed of men and women who have an interest in the transfer of technology, or licensing of intellectual property rights - from technical know how and patented inventions to software, copyright and trademarks. Ericsson had requested to obtain license from it before it sold the infringing products in India, but Xiaomi had entered into an agreement with Flipkart Internet Private Limited to sell the products under Xiaomi’s name. The introduction of patents in Venice in the fifteenth century was accompanied by a broad set of rules which included the …This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. India, Intellectual property, Rights, Patents, Licensing, Compulsory, USTR, PhRMA, Priority-watch More on this story Indian drugmakers under FDA radar as the US regulator approves more ANDAs Indian Patent Act of 1970 under section 841 deals with compulsory licensing whereas the Japanese Patent Act of 1959 under article 932 under the (Award granting non- exclusive license for public interest). Loading Unsubscribe from Patent in India? Cancel Unsubscribe. A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. Licensing under Patents Act, 1970 Licensing under Patents Act, 1970 is required in writing between the licensor and the licensee which should contain all the terms and conditions governing their rights and obligations[25]. The requirements regarding licensing terms and procedures for enactment of national standards especially in the field of information communication technologies is an important development in the regulations which affect a business enterprise’s licensing negotiations. Compulsory license - permissibility under three-step test. Patent Licensing Hasit Seth Pune, India hasits a-t gmail. India amended its Patents Act again in 2002 to meet the second set of obligations (Term of Patent etc. Filing a patent application directly in a foreign country, without first filing in India; Filing an international patent application under the Patent Cooperation Treaty (PCT) in a country other than India, without first filing in India; Filing a patent application directly in a foreign country, the Indian patent law and first CL case in India in order to expose the arguments of multinational companies and will examine how India was successful in granting the CL. The reason is that the under-developed and developing countries do not have enough Since 2005 the Indian courts have witnessed a sudden spurt of patent litigation, which was an obvious consequence of putting a product patents regime for pharmaceuticals and agrochemicals in place. There is an inherent tussle between the rights of patent holders and grant of compulsory licensing. licensing situations a court dictates the terms of the license,9 and the licensor's wishes may be ignored. The patent office in 2012 granted the compulsory license to Natco Pharma for the same drug for the reason that the public did not have access to this drug at affordable price and the patented invention was not worked in India. Exclusive Licensing – In an Exclusive License, there is the transfer of ownership by the patent holder. India - Protecting Intellectual Property. . To a layman, a license means 'a permission to use Searching for Indian patent equivalents is a herculean task! I've always wondered why Indian patents never featured in free online databases like WIPO's The Patent Act provides measures by way of compulsory licensing (CL) to ensure that the patents do not impede the protection of public health. Recently, on 20 January 2016, the Indian Patent Office had rejected Lee Pharma’s application October 27, 2017 October 27, 2017 admin Leave a Comment on Licensing of Patents in India INTRODUCTION This article is a clarification to Compulsory Licensing managed under Intellectual Property Rights. It is a boon for all the under-developed and developing countries, but the developed countries are against it. As Ericsson is an SEP holder and a receiver of licensing royalties, the result of those FRAND proceedings will have a signifi- cant effect the company’s licensing practices in India— and, by extension, the licensing practices of other holders of portfolios of SEPs that form telecommunica- tions standards. National phase entry to India is possible through the PCT route, if India is a Designated Country in the application. and Germany. Standard-Essential Patents & FRAND licensing in India. (in India) of commercialized patent Patents & Commercialization / Start-up/ Designs & Comm. The reality is that the threat of injunction will bring the licensee to the discussion table – an outcome that may not otherwise materialize in India. Compulsory Licensing: Patent compulsory licenses are defined as "authorizations permitting a third party to make, use, or sell a patented invention withoutThe term voluntary licensing refers to the granting of a license by the patent holder himself to a third party. Overview of Indian Patent Law India’s first patent law was enacted in 1856, and was based on the British Patent Law of 1852. Patents, Compulsory Licensing and Business Strategy. This PATENT LAWS IN INDIA. Anna Bialkowska via Flickr Called patent trolls or non-practising entities (NPE), companies that make most of their money from licensing patents don't have the best reputation. To affect the said transfer of rights, an Agreement is to be executed by providing all the terms and conditions along with covenants as agreed by the Parties. g. Foreign filing licenses in India. Identifying the patent trend, licensing pattern and geographical landscape analysis of the Council for Scientific & Industrial Research (CSIR) of India between 2000 and 2011 Identifying the patent trend, licensing pattern and geographical landscape analysis of the CSIR finally discloses details of patent licensing: More than 400 patents licensed over last ten years! In one of its earlier replies, CSIR had disclosed that it had 1,872 active patents in India. 1 Intellectual property legislations in India frand-ing patent licenses and its implication in landmark cases in india Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. associated with leading Intellectual Property firm in India called Khurana & Khurana, Advocates and IP Attorneys (K&K). A patent owner holds exclusive rights to market his or her invention but is also entitled to transfer those rights to another party. The intellectual property could be a patent, copyright, or an idea. WIPOLex - Intellectual Property lawLicensing a Patent Application: When you are licensing a patent application there remains uncertainty about whether a patent will ever issue. Compulsory Licensing for Patents in India : Compulsory Licensing for Patents in India. About the Course: India offers vast market potential for licensors and represents one of the world's most fertile sources of innovation. Professor of Law National Law University, Jodhpur Email: amit. Considering that the Intellectual Property industry supports around 40 million jobs in the US alone or around 25% of all US jobs, the IP industry is an important growth industry contributing over 5 trillion in US GDP annually. India’s first compulsory license was granted by the Indian Patent Office to Natco Pharma Ltd for producing generic version of Nexavar (Bayer corporation’s patented drug), used for the treatment of Liver and kidney cancer. R. 29 September 2015. The Licensing Executives Society International (LESI) is an association of 32 national and regional societies, each composed of men and women who have an interest in the transfer of technology, or licensing of intellectual property rights - from technical know how and patented inventions to software, copyright and trademarks. Natco had sought to sell the drug for 8800 rupees ($178) for a month’s supply of a generic version of the drug compared with the 284,428 rupees ($5698) for a month’s supply sold by Bayer. Any interested person can make a request to the Controller, after the expiry of three years from the date of grant of patent. India Intellectual Property Khurana and …The current system of compulsory licensing for patents in India is contained in Chapter XVI of the Patents Act 1970, under the sections 82 to 94. Patent Gurukul. When in a state of extreme urgency. Find more details about licensing and technology transfer in Indiaand Patent drafting filing and prosecution please visit www. Further, it must be part of the blueprint when a brand is created. Patent Compulsory License. 4018/978-1-5225-2414-4. We have patent attorneys and experts who handles all legal matters relating to patents like licensing, patent application and drafting specifications. The owner of the Trademark can provide rights of using the Trademark without transfer of ownership. India Grants First Compulsory License to Generic Drug Producer. Patent compulsory license is granted by the Indian gov. Mani. 12. Given the recent transition of India to a pharmaceutical product patent regime, it is expected 21 Dec 2018 In India, the concept of Compulsory Licensing is in play. The only thing which the owner has is the title. India's first ever compulsory license was granted by the Patent Office on March 9, 2012, to Natco Pharma for the generic production of Bayer Corporation's Nexavar, a life saving medicine used for treating Liver and Kidney Cancer. Prity is International Blockchain Bigdata Lawyer working in …Compulsory licensing must meet certain additional requirements: the scope and duration of the licence must be limited to the purpose for which it was granted, it cannot be given exclusively to licensees (e. Patent no. Following is the brief mention of the provisions of section 84 and 92 of the Act. India – Patent Brokers. How to License a Trade Mark in India Licensing and assignment of a trade mark is a means to economically exploit the mark. gnaipr. Patent Licensing Service At Meta Yage IP Strategy Consulting, we not only assist the patent owners in finding potential licensees, but also assist them with negotiating licensing deals. How to. Compulsory license. 15-11-2016. At DexPatent, we assist you in filing patent applications in India. Posted by BananaIP Reporter . Patents Facilitation Centre Operational at, Pharmexcil Hyderabad NAARM (National Academy of Agriculture Research Management) signs consultancy Agreement with Dr. When there is a case of public non-commercial use. Natco v/s Bayer was the first Landmark case of compulsory licensing being obtained in India in pharmaceutical field of discipline Patentee: Bayer Corporation Applicant: Natco Pharma Limited API: Sorafenib tosylate Dosage form: Tablet; Oral Brand name: Nexavar Strength: Compulsory license. Which section of the Indian Patent Act relates to the Compulsory Licensing? It is the Section 84 of the Indian Patent Act that relates to the Compulsory Licensing. License of Right Proposal means the patent proprietor can request for making an Indian Patent Act allows any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an There is a requirement to register the grant of international licensing rights for patents with authorities in India. On 9 March 2012, the then Indian Patent Controller issued the first-ever compulsory licence to Natco Pharma to manufacture an affordable generic version of sorafenib tosylate. [1] A patentee shall have exclusive rights over his …The patent and licensing process is designed to create opportunities for both established companies and new enterprises. in ABSTRACT Patents, copyrights, trademarks, geographical indicators, protection of undisclosed information, layout designs of integrated circuits, industrial designs and traditional knowledge are recognized Patent Registration Services Providers in India. We provide a complete holistic intellectual property services, Innovation patent filing in India for innovative startups from patent search, protecting/patenting a product, through design and prototyping, to advice on patent marketing and patent licensing. Landmark case of Compulsory Licensing in India October 16,20151 Presented by: Kiran Patange 2. Section 69 of the Patent Act 1970 states that Introduction: The word licence has been derived from the Latin term 'licentia' meaning ' freedom or liberty'. Working in patents and IPR field since 12 years. Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics and telecommunication engineering. The margins requirements are 4 Cms at top, 4 Cms on left, 3 Cms at bottom and 3 Cms on right. 04-11-2016 If one of the grounds for compulsory licensing is established, the Comptroller may order the grant of a licence on such terms as the Comptroller decides or endorse the patent “licences of right”. 3. Our experts systematically review your patent portfolio to help you find hidden gems and strategically expand your current licensing programs. Sagacious IP provides optimized IP research solutions conducted by experienced & trained techno-legal team that consists of scientists, engineers & patent agents. Although other countries have provision for ‘License of Rights’ in Patents, India does not have this provision in Patent Law. Few, if any, countries follow the practice in the United States of allowing joint owners to license their patents without the consent or need to split income from a license with the other co-owner of the patent being licensed. Dec 21, 2018 A patent is a right granted to the owner to stop others from using his invention without his consent for making, using, selling or offering for sale Apr 10, 2018 India Intellectual Property Singh & Associates 10 Apr 2018. Compulsory licensing is a vexed issue. 2015 · patent procedure , time line and cost of patent filing in India short introduction Patent in India. COMPULSORY LICENSING. 21-12-2016. Sagacious will help you in taking the most 'critical' call in monetizing your patents: Which path to take - Patent Sales or Patent Licensing?PatentsKart is a next generation patent support services firm that can help you deal with countless challenges and complexities of successful IP management. Therefore, only on mutually agreed terms can other parties use the creator's patented invention and this gives rise to the concept ofPatent licensing- Introduction. Some requirement must be fulfilled for a patent right to be granted such as industrial applicability, novelty and inventive act. in Introduction: Patents in India are granted to encourage inventions and to secure that it is worked on a commercial scale. The stated objective of patent law is to promote the progress of science and technology for industrial/economic …Before delving into an appraisal of the compulsory licensing regime in India, it is first essential to get a clear grasp on the meaning of the term “compulsory licence”. The acrimony between India and the US over the issue of intellectual property rights (IPR) and patents, as well as compulsory licensing in the pharmaceuticals sector, is far from over. Compulsory Licensing in India. Gopakumar G. With this agreement, Smartron joins the growing list of key Indian OEMs to have direct access to Qualcomm’s technology. Article Indian government to work on new pharma policy. 2019 · Licensing is a process where the owner of the product gives permission to another entity who can extract benefit from the licensed product. The foundation for modern Indian patent law is the Indian Patents Act of 1970, which came into force on April 20, 1972, and which was amended in 1999, 2001 and 2005 to comply with TRIPS. to an applicant or an IIIrd person to use, & sell a patented invention without a con. Under the Patents Act, domestic companies can approach innovator companies with a request to permit them to manufacture and sell generic copies of medicines that enjoy patent protection in India after a minimum period of three years. Patent administration. Patent licensing is one of the most important tools available in the toolbox of owners to generate revenue from their inventions. The Licensing Executives Society International (LESI) is an association of 32 national and regional societies, each composed of men and women who have an interest in the transfer of technology, or licensing of intellectual property rights - from technical know how and patented inventions to software, copyright and trademarks. Find service providers of Patent Licensing Service in Pune India - Patent Licensing Service verified companies listings from Patent Licensing Service with catalogs, phone numbers, addresses and more. No other country has taken such an action. In particular, it examines the history/background/rationale of the present ‘compulsory licensing The local working of patents is an important requirement in patent regimes all over the world – including India – as well as being a major source of contention. Characters licensed out by Disney India include Mickey Mouse and Donald Duck. IP laws in India have long made provision for the grant of a compulsory license. Compulsory Licensing (CL) has been an integral part of the patent regime since its inception. Sagacious IP is a global player offering Comprehensive IP solutions, through a robust team of techno-legal experts, using state-of-the-art tools to deliver cost-optimized, risk-mitigated results to Corporates, Institutions and leading Patent Law firms. The team of technology legal advisors provide patent research and patent harvesting services to International universities. Therefore, we are only going to discuss one way to make money from patents for now. Before signing a technology licensing agreement, carefully review all its provisions, including the indemnification clauses. ch008: Compulsory licensing is defined generally as the granting of a license by a government to use a patent without the patent-holder's permission. e. In India,The Indian Patents Act 1970 was implemented in 1972. Key Components to Licensing. The Trade and Merchandise Marks Act, 1940 (“TM Act, 1940”) was the first law in this regard in India, which was replaced later by the Trade and Merchandise Marks Act, 1958 (“TM Act, 1958”). This report is a descriptive one that explores the system of ‘compulsory licensing’ in India. A patent is an exclusive right granted by the country's government to an …Recent years have seen a growing trend among developing countries such as Thailand, Malaysia, Indonesia, India, and Brazil of enacting and utilizing statutory powers to grant, or to compel a Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO – the TRIPS. The term of protection of an Indian patent is 20 years from the date of filing of the application, subject to the payment of annual fees. Licensing, as it is widely accepted, requires long-term vision and strategy. 1 Answer. By Gene Licensing a Patent is considered as an anti competitive activity for example in India It is not lawful to insert such We have presence in 90+ jurisdictions to help our clients get best protections worldwide. India's War On Intellectual Property Rights May Bring With It A Body Count. ac. Patents are granted to encourage the inventors to disclose their inventions and also to grant them monopolistic right to exploit the invention. The Indian Patent Office (IPO) takes the requirements of Section 83 of the Patents Act seriously. The TRIPS Agreement explicitly allows compulsory licensing as long as procedures and conditions set out in Article 31 of TRIPS are fulfilled. The compulsory licensing regime in India has always been embroiled in controversy, more so when it involves compulsory licensing of pharmaceutical patents, the latest being a statement US-India Business Council (USIBC) made in its report issued in response to the Federal Register Notice (81 F. We provide end-to-end solutions that span the entire IP lifecycle and cater to various IP needs of corporates, law firms, universities, research organizations, consulting firms, and licensing support firms. the patent-holder can continue to produce), and it should be subject to legal review. / Creating Global Brand / GI facilitation/ Enforcement of IP Name, Postal Address, Website, Name of the contact person/ mobile number/ designation/ email id15. The three clauses considered for the same are: When a circumstance of national emergency arises. India provides a good case study 27. Passed students of Patent Gurukul are spread all over India and overseas. Though the term Licensing/ license is nowhere used in the Act, the statutory provisions in the Act governing trade mark licensing in India refers to the provisions relating to “registered users. nluj@gmail. Compulsory licensing provisions further the same goal of general 4 As the United States Supreme Court recently stated, "Compulsory licensing is a rarity in our patent system, and we decline to manufacture such a requirement . Article Patent wins for Pfizer in India, where NPPA looks to be disbanded. Compulsory licensing is very critical to original patent holder: Dr Malathi Lakshmikumaran: Nandita Vijay, Bengaluru Friday, July 22, 2016, 08:00 Hrs [IST] Compulsory licensing is a practice critical to patent holders in pharmaceutical industry. 1. Whereas a compulsory license can be granted by the Indian patent office, on the application of any person interested, after 3 years from the date of grant of the patent, on certain specific grounds. The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. The Patent Act in India ensures that this monopoly does not harm the competitive structure of the market so that no harm is caused to public welfare. It was argued by the Natco Pharma that the public does not have access to this drug at an affordable price and the patented invention was not worked in India. Cost estimate has been not emailed. Legal Question & Answers in Intellectual Property in India : patent licensing where can I get information or news with specific patent However, earlier this month, the India's Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) went a step further and authorized its first compulsory license to Natco Pharma (India) for Bayer's (Germany) Nexavar (sorafenib). 11 “PATENT FAMILIES” shall mean a one or more patents and/or patent applications in the PATENT PORTFOLIO which (a) are filed in one or more EEA countries for protecting a single invention and (b) claim or have a same priority date under the Paris Convention. Licensing and Assignment of Patents in India : Licensing and Assignment of Patents in India . com. 10 Apr 2018 Under the current scenario in India, Patent provisions related to 11Compulsory Licensing exists, whereby any person interested may make an application to the Controller for grant of Compulsory license on Patent, at any time after the expiration of three years from the date of grant of a patent on specific grounds such Indian Patent Act allows any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an There is a requirement to register the grant of international licensing rights for patents with authorities in India. Within the global sourcing industry, India has been able to The term of protection of an Indian patent is 20 years from the date of filing of the application, subject to the payment of annual fees. IV: COMPULSORY LICENSING AND GOVERNMENT USE 20 Compulsory licensing in TRIPS 24 Compulsory Licensing in India’s Patent Act: General Provisions 25 Government use 30 Compulsory licensing applicable in cases of national 32 emergency or other circumstances of extreme urgency. Patent Monetization and Licensing Solutions. San Francisco: Microsoft is suing Foxconn's Taiwanese parent company Hon Hai for the alleged failure of the consumer-electronics manufacturer to comply with a patent-licensing …A patent enshrines not only a bundle of rights given to an innovator or inventor, but also provides them with a timeframe for monopoly as given under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) regime. Section 92 of the Indian patent act, refers to special provision for compulsory license upon notification by the central government. An innovator which is granted a We provide a complete holistic intellectual property services, Innovation patent filing in India for innovative startups from patent search, protecting/patenting a product, through design and prototyping, to advice on patent marketing and patent licensing. in Patents. Pharmaceutical Industry Faces Compulsory Licensing in India The decision by the Indian patent authorities to issue a compulsory license for a generic version of a Bayer anticancer drug engenders debate. Working Subscribe Subscribed Autor: Patent in IndiaAufrufe: 158KSynoptic IP - Patent Search Outsourcing India, …Diese Seite übersetzenwww. Compulsory licensing is a significant aspect of the Indian Patents Act 1970 and occurs when the government grants permission to another to produce an invention that is already patented without the consent of the patentee. A voluntary license can be granted at any time, by the patent himself, and upon mutually agreed terms and conditions. Licensors should bear in mind that India is a price-sensitive market; therefore, products must be available at a suitable price for Indian consumers. Licensing is basically authorizing the use of the concerned trade mark by another party and rights in relation thereto. Earlier this month, the humanitarian organization Doctors Without Borders (MSF) began legal proceedings to block Pfizer’s attempts to patent its top-selling pneumonia vaccine in India. Introduction. In this blog, you can learn about key process steps, corresponding fees & important deadlines quickly. The Indian regime incorporates provisions for the grant of compulsory licenses to any person interested on request in case of; a. This means that 400 out of 1,872 patents have been licensed i. Patent Licensing 1. 2. The proprietor of a trademark may license to use its trademark Trade mark licensing in India. 03. As companies ramp up efforts to make money from their intellectual-property assets through licensing and litigation campaigns, target licensees are fighting to boost profit margins and minimize costs from third-party intellectual property through court challenges and industry practices. To a layman, a license means 'a permission to use The Patent Act provides measures by way of compulsory licensing (CL) to ensure that the patents do not impede the protection of public health. Bayer promptly filed an appeal against the compulsory licence order before the IPAB in Chennai. In India, Chapter XVI of the Indian Patent Act, 1970 deals with compulsory licensing while the conditions which need to be fulfilled for the grant of a compulsory license are laid down under The need to find a balance between the rights of pharma patent holders and public health has triggered some highly passionate debates in the last three decades. Section 48 of the Indian patents act, 1970 deals exclusively with the rights of patentees 30 Jun 2018 The term voluntary licensing refers to the granting of a license by the patent holder himself to a third party. Apart from the non-patentable inventions, the invention has to satisfy the patent ability requirements such as novelty, non-obvious and industrial application, which was discussed in details how to file patent in India. The Controller found Nexavar eligible for compulsory licensing under Section 84 of the Indian Patent Act because (1) the drug was not meeting the reasonable requirements of the public, (2) the drug was not reasonably affordable and (3) the patent was not being sufficiently "worked" in India because it was not locally manufactured. The Indian Patent office charges an additional fee for each additional page over 30. According to the compulsory licensing system, the controller is empowered to allow third parties to manufacture and market a patented product or process with or without the patentee’s consent. Patent licensing may come about in different ways, and patent licenses can be classified as exclusive or non-exclusive. GNA is a leading intellectual property consultancy and legal advisory firm providing consultancy for patent search and licensing and technology transfer in India. 2019 · India requires pragmatic compulsive licensing system: Cipla 6 Mar, 2019, 07. The amount of royalty paid by Xiaomi to Qualcomm was provided to Ericsson as royalty and hence, there lay no requirement of paying royalty directly to Ericsson. Compulsory licensing is a practice critical to patent holders in pharmaceutical industry. Sagacious will help you in taking the most 'critical' call in monetizing your patents: Which path to take - Patent Sales or Patent Licensing?In India, Chapter XVI of the Indian Patent Act, 1970 deals with compulsory licensing while the conditions which need to be fulfilled for the grant of a compulsory license are …1. Recently, on 20 January 2016, the Indian Patent Office had rejected Lee Pharma’s application In the most recent case of compulsory licensing in India, Lee Pharma, a Hyderabad based Indian pharma company, filed an application for compulsory license (dated 29. The Pharma Letter provides subscribers with daily, up-to-date news, business intelligence, comment and analysis for the pharmaceutical, biotechnology and generics sectors of the health care industry, backed by a team of respected writers with many years of experience in the field. 05