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According to European Union India’s adoption of Compulsory Licensing (CL) in industrial sectors risks affecting the flow of capital and technology from overseas. Extension and wide use of CL in industrial sectors can act as a deterrent for investments, from abroad and within India. About Compulsory Licensing(CL)
Topic Map
1. almost finalized National IPR Policy. 2. signals to adopt compulsory licensing in manufacturing sector. 3. such a policy may have regressive effect on investment in India.( EU concern) 4. India argues that as Indian Patent Laws cover Compulsory Licensing, IPR policy should be no exception. 5. Indian National Manufacturing Policy already supports CL across various manufacturing sectors especially green technology sector. 6. NMP provides the “option” to entities such as the Technology Acquisition and Development Fund (TADF) “to approach the government for issue of a CL for the technology: a. Which is not being provided by the patent holder at reasonable rates or b. Is not being ‘worked in India’ to meet the domestic demand in a satisfactory manner.
1. Grant of permission by the Government to a. Use b. Manufacture c. Import or d. Sell a patented innovation without patent owner’s consent. 2. CL is permitted under WTO’s TRIPS Agreement under
Analysis:
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