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The Department of Industrial Policy and Promotion (DIPP) has by way of a press release notified that the existing legal framework (Indian Patent Act and Rules) for the issue of compulsory license in India is comprehensive and meets all the obligations provided under Article 31 of TRIPS. Also, the Controller General of Patents, Designs and Trademarks (CGPDTM) has been advised not to delegate the powers to grant compulsory license to any subordinate authority.
DIPP began the process of understanding the existing legal framework with regard to the issuance of compulsory licenses by issuing a discussion paper which received comments (thirty eight in total) from stakeholders based in India and abroad. Based on the comments received by DIPP, the government decided that the Indian Patent Act and the rules provide adequate guidelines for the issuance of compulsory licenses and there exists no need to issue any additional guidelines. Moreover, the government also found that the existing legal framework is in consonance with Article 31 of TRIPS.
Though no additional guidelines have been issued for the grant of compulsory licensing, the CGPDTM has been advised not to delegate the powers to grant compulsory licensing to any subordinate authority and take prompt actions in disposing such applications. The CGPDTM has also advised to ensure compliance of reporting requirements of patentees with the provisions under the Patent Act including the data received from patentees under Section146 of the Patents Act.
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