Under Indian Patent Act, the government can give candidates the necessary license to use a patent during a national crisis. Section 100 of the Act empowers the Centre even to take over the invention.
The second wave of covid-19 has knocked down India’s medical system. The Delhi High Court observes the situation and horrific reports of loss due to the insufficient availability of medical facilities and supplies from all over the country. The scarcity of drugs that are required to treat covid-19 infected patients is the news buzz. However, As per the medical professionals, the current situation can improve if medicines are made available for all patients in adequate quantities.
Article 31 of the agreement on TRIPS the note states a government can empower the application of patented products or methods during a national emergency, and in desperate urgency, for non-commercial use.
Under the Indian Patent Act, 1970, section 84(1) permits for a mandatory license if the sound requirements of the public are not being met at reasonably affordable costs. Section 92 of the Act is a special provision that allows compulsory licensing on warning by the Central government.
The result of this section is that throughout a national emergency, or in situations of utmost urgency, the Central government can give a compulsory excess to the applicants trying to use a patent. Section 92(3) provides immunity to candidates to use a patent without following the compulsory license procedure in section 87. Section 100 allows the Centre to even obtain over the invention.
Freshly, a three-judge bench of the Supreme Court involving Justices DY Chandrachud, L Nageswara Rao, and S. Ravindra Bhat observed suo moto awareness of the matter and asked the Central government to grant the compulsory license of medications such as Remdesivir, Tocilizumab, and Favipiravir.