Section 92A:
Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.
1[92A. Compulsory licence for export of patented pharmaceutical products in certain
exceptional circumstances.--(1) Compulsory licence shall be available for manufacture and export of
patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the
pharmaceutical sector for the concerned product to address public health problems, provided compulsory
licence has been granted by such country or such country has, by notification or otherwise, allowed
importation of the patented pharmaceutical products from India.
(2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory
licence solely for manufacture and export of the concerned pharmaceutical product to such country under
such terms and conditions as may be specified and published by him.
(3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which
pharmaceutical products produced under a compulsory licence can be exported under any other provision
of this Act.
Explanation.--For the purposes of this section, "pharmaceutical products" means any patented
product, or product manufactured through a patented process, of the pharmaceutical sector needed to
address public health problems and shall be inclusive of ingredients necessary for their manufacture and
diagnostic kits required for their use.]
Notes:
1. Ins. by Act 15 of 2005, s. 55 (w.e.f. 1-1-2005).