Section 92:
Special provision for compulsory licences on notifications by Central Government.
(1) If
the Central Government is satisfied, in respect of any patent in force in circumstances of national
emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is
necessary that compulsory licences should be granted at any time after the sealing thereof to work the
invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon
the following provisions shall have effect, that is to say,--
(i) the Controller shall, on application made at any time after the notification by any person
interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks
fit;
(ii) in settling the terms and conditions of a licence granted under this section, the Controller shall
endeavour to secure that the articles manufactured under the patent shall be available to the public at
the lowest prices consistent with the patentees deriving a reasonable advantage from their patent
rights.
(2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences
under this section as they apply in relation to the grant of licences under section 84.
(3) Notwithstanding anything contained in sub-section (2), where the Controller is satisfied on
consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in--
(i) a circumstance of national emergency; or
(ii) a circumstance of extreme urgency; or
(iii) a case of public non-commercial use,
which may arise or is required, as the case may be, including public health crises, relating to Acquired
Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics,
he shall not apply any procedure specified in section 87 in relation to that application for grant of licence
under this section:
Provided that the Controller shall, as soon as may be practicable, inform the patentee of the patent
relating to the application for such non-application of section 87.