Licensing of related patents
—(1) Notwithstanding anything contained in the other
provisions of this Chapter, at any time after the sealing of a patent, any person who has
the right to work any other patented invention either as patentee or as licensee thereof,
exclusive or otherwise, may apply to the Controller for the grant of a licence of the first
mentioned patent on the ground that he is prevented or hindered without such licence
from working the other invention efficiently or to the best advantage possible.
(2) No order under sub-section (1) shall be made unless the Controller is satisfied—
(i) that the applicant is able and willing to grant, or procure the grant to the patentee
and his licensees if they so desire, of a licence in respect of the other invention on
reasonable terms; and
(ii) that the other invention has made a substantial contribution to the establishment or
development of commercial or industrial activities in the territory of India.
(3) When the Controller is satisfied that the conditions mentioned in sub-section (1) have been
established by the applicant, he may make an order on such terms as he thinks fit granting a
licence under the first mentioned patent and a similar order under the other patent if so
requested by the proprietor of the first mentioned patent or his licensee:
Provided that the licence granted by the Controller shall be non-assignable except
with the assignment of the respective patents.
(4) The provisions of sections 87, 88, 89 and 90 shall apply to licences granted under this
section as they apply to licences granted under section 84.
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