The Industrial Property Act, 2001
40
publish the cancellation of any entries under this section.
(8) Section 77(3) shall apply, mutatis mutandis, where the terms of licence
granted under subsection (5) have been fixed by the Tribunal.
PART XI - EXPLOITATION OF PATENTED
INVENTIONS BY THE GOVERNMENT OR BY THIRD
PERSONS AUTHORIZED BY THE GOVERNMENT
Exploitation of
the patented
inventions by the
Government or
by third persons
authorised by
the
Government
80. (1) Subject to this section, where: (a) the public interest, in particular, national security, nutrition, health,
environmental conservation, or the development of any other vital sector of
the national economy so requires; or
(b) the Managing Director determines that the manner of exploitation of an
invention by the owner of the patent or his licensee is not competitive;
the Minister may, upon application to him in the prescribed form and after
consultation with the Institute and the owner of the patent, order that the
protected invention shall be exploited by a Government Ministry,
Department, agency or other person as the Minister may designate in the
order, subject to the payment of adequate compensation to the owner of the
patent in accordance with this section.
(1A) Upon exercising the powers conferred upon him under subsection (1),
the minister may, notwithstanding any of the measures set out in this section,
authorize by written order the importation, manufacture or supply, or
authorize the utilization of any molecule or substance whatsoever by any
individual, corporation or society as named or described by any individual,
corporation or society as named or described in the order without notice to
the patent holder or any other notifiable party, and such order shall remain in
force until revoked by the Minister in writing, after giving six months’prior
notice of his intention of such revocation to the party named or described in
the order.
(1B) An order made under the subsection (1A) shall not require the payment
of compensation to the owner of the patent or licence holder or any other
party so interested.
(1C) The Minister shall, notwithstanding any of the measures set out in this
section, authorise the utilization of any process for the manufacture, sale or
supply of any molecule or substance whatsoever by any individual,
corporation or society as named or described in the order, and such order
shall remain in force until six months prior notice of intention of such
revocation to the party named or described in the order.
(2) No application shall be made under subsection (1) unless the applicant
has unsuccessfully sought a contractual licence from the owner of the patent;