Section 94 Indian Patents Act 1970

Section 94 of the Indian Patents Act 1970

Section 94 of the Indian Patents Act 1970 is about Termination of compulsory licence. It is under CHAPTER XVI of the Act. CHAPTER XVI is titled WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION.

(1) On an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur:

Provided that the holder of the compulsory licence shall have the right to object to such termination.

(2) While considering an application under sub-section (1), the Controller shall take into account that the interest of the person who had previously been granted the licence is not unduly prejudiced..

See also:

Section 93 Indian Patents Act 1970 (Order for licence to operate as a deed between parties concerned.)

See also  Section 44 Indian Patents Act 1970

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