Sir, according to janwishwas bill2023...all tje amendments are proposed or they are accepteD.Do we need to write the answers as per proposed amendmends.
Hello Sir, I had a doubt which is that if a person interested under Sec 2 (1) (t) is already an existing licensee, what exactly will motivate him to approach the Central Government for a CL? I mean if he is an existing licensee he himself can fulfill the parameters required for the working of the invention? Why will he approach the Gov for a CL? Could you please help me with this query?
@@AbhayPorwal A CL's terms and conditions would be favourable I guess, but I still don't understand how would a licensee be an interested person for a CL Sir. Please correct me if I'm wrong.
@@akshaypurohit1818 You already answered it Akshay. See why do we go for CL? Working of invention in India to the fullest extent possible, reasonable requirements of public not met or not affordable - Now all these circumstances could occur because of unfavorable Terms and conditions in the license! Because of which licensee is not able to work the invention to the best. Isn't it?
Sir, what exactly prima facie case mean?
From the looks of it - initial assessment
@@AbhayPorwal So why will the applicant request for hearing if the case is not prima facie, I am confused
@@salvisahu2857 it is for the controller to decide if there is a prima facie case or not.
Why a person who is already an existing licensee of the patent has to approach the controller for compulsory licensee as he has already license??
Terms and conditions may not be feasible/practical for the licensee to practice the invention in a manner that is beneficial for all the parties.
Sir, according to janwishwas bill2023...all tje amendments are proposed or they are accepteD.Do we need to write the answers as per proposed amendmends.
Janwishwas is only regarding penalties, the timelines and procedural amendments are yet to be notified.
Sir, what is the meaning of the nature of the invention??
What type of the invention is it - how much effort/resources would be required to get it working.
@@AbhayPorwalOk Sir.. Thank You
Hello Sir, I had a doubt which is that if a person interested under Sec 2 (1) (t) is already an existing licensee, what exactly will motivate him to approach the Central Government for a CL? I mean if he is an existing licensee he himself can fulfill the parameters required for the working of the invention? Why will he approach the Gov for a CL? Could you please help me with this query?
Comeon Akshay, why don't you try answering it :-) hint: Whose terms and conditions would be favorable, normal licence or compulsory licence?
@@AbhayPorwal A CL's terms and conditions would be favourable I guess, but I still don't understand how would a licensee be an interested person for a CL Sir. Please correct me if I'm wrong.
@@akshaypurohit1818 You already answered it Akshay. See why do we go for CL? Working of invention in India to the fullest extent possible, reasonable requirements of public not met or not affordable - Now all these circumstances could occur because of unfavorable Terms and conditions in the license! Because of which licensee is not able to work the invention to the best. Isn't it?
@@AbhayPorwal Right Sir. Understood. Thankyou for your clarification. :)
@@AbhayPorwal I just came across the provision of Sec 88 (2) of the IPA. It further clarified my doubt.
If X person says ...i got a license of this or that patent.
Does it mean the X person got a compulsory lisence?
No.
What is the meaning of " Hearing upon at least 10 days of notice". Kindly explain.
It means, notice for hearing should be given in advance, with a minimum of 10 days of advance notice