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Whether a compulsory license can be granted in favour of Natco for the production of the patented drug?


Section 84(1) of the Patents Act allows any interested person to make an application to the Controller for the grant of Compulsory License after the expiry of three years from the date of grant of patent on any of the following grounds:

a) That the reasonable requirements of the public with respect to the patented invention have not been satisfied

b) That the patented invention is not available to the public at a reasonably affordable price

c) That the patented invention does not work in India.

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