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Patents Act, 1970


24C. Compulsory licenses

The provisions in relation to compulsory licenses in Chapter XVI shall, subject to the necessary modifications, apply in relation to an exclusive right to sell or distribute under section 24B as they apply to, and in relation to, a right under a patent to sell or distribute and for that purpose the following modifications shall be deemed to have been made to the provisions of that Chapter and all their grammatical variations and cognate expressions shall be construed accordingly, namely,-

(a) throughout Chapter XVI,-

(i) working of the invention shall be deemed to be selling or distributing of the article or substance.

(ii) references to "Patents" shall be deemed to be references to "right to sell or distribute";

(iii) references to "patented article" shall be deemed to be references to "an article for which exclusive right to sell or distribute has been granted";

(b) three years from the date of sealing of a patent in section 84 shall be deemed to be two years from the date of approval by the Controller for exclusive right to sell or distribute under section 24B;

(c) the time which has elapsed since the sealing of a patent under section 85 shall be deemed to be the time which has elapsed since the approval by the controller for exclusive right to sell c)r distribute under section 24B;

(d) clauses (d) and (e) of section 90 shall be omitted.



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