Terms and conditions of compulsory licence

General terms and conditions for the grant of compulsory licence u/s 84 are

(i) patentee gets reasonable amount of royalty/ remuneration with respect to the
nature of the invention, expenditure incurred by the patentee in developing/
making the invention and obtaining/ keeping in force the patent and other
relevant factors [Section 90(1)(i)];
(ii) patented invention is worked to the fullest extent by the licensee with
reasonable profit to him [Section 90(1)(ii)];
(iii) patented articles are made available to the public at reasonably affordable prices
[Section 90(1)(iii)];
(iv) licence is granted on non-exclusive basis [Section 90(1)(iv)];
(v) right of the licensee is non-assignable [Section 90(1)(v)];
(vi) licence is granted for the balance term of the patent [Section 90(1)(vi)];
(vii) licence is granted with a predominant purpose of supply in the Indian market,
however the licensee may also export the patented product, if need be in
accordance with the Section 84(7)(a)(iii) of meeting reasonable requirements of
the public [Section 90(1)(vii)];
(viii) in the case of semi-conductor technology, the licence granted is to work the
invention for public non-commercial use [Section 90]
(ix) in the case of any anti-competitive practice by the patentee, the licensee is
permitted to export the patented product [Section 90(1)(ix)];
(x) the licensee is not authorized in general to import the patented product or
product made by the patented process where such importation would constitute
an infringement of the rights of the patentee, however if it is necessary in the
public interest, controller may authorise (on the basis of the direction given by
the central government) the licensee to import the patented product or product
made by the patented process from abroad, subject to the conditions of royalty
payable to the patentee, the quantum of import, the sale price of the imported
article and the period of importation etc. [Section 90(2)&(3)].