Comparative Guides
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Results: 4 Answers
Patents
10.
Licensing
10.1
What patent rights can a party obtain through a licence?
 
India
The rights that a party obtains through a licence will depend on the type of licence agreement entered into between the patent owner and the licensee, as follows.

Exclusive licence: An exclusive licence grants the licensee, and persons authorised by it, all rights in respect of the patented invention to the exclusion of all other persons (including the patent owner).

Non-exclusive licence: The rights that are obtained through a non-exclusive licence will depend on the terms and conditions of the licence contract as agreed between the licensee and the patent owner.

For more information about this answer please contact: Essenese Obhan from Obhan & Associates
10.2
What limits can a patent owner impose on a licence?
 
India
The patent owner can include the following limits, among others, in a licence agreement:

  • the geographical areas for which the licence is granted;
  • the duration of the licence; and
  • any rights to sub-license the patent.

However, the Patents Act prohibits the patent owner from including certain restrictive conditions in a licence to manufacture or use a patented article, or in a licence to work any process protected by a patent. Conditions with the following effect shall be void:

  • that require the purchaser, lessee or licensee to acquire from the vendor, lessor or licensor, or its nominees, or that prohibit it from acquiring or restrict in any manner or to any extent its right to acquire from any person, or that prohibit it from acquiring except from the vendor, lessor or licensor or its nominees, any article other than the patented article or an article other than that made by the patented process;
  • that prohibit the purchaser, lessee or licensee from using or that restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use an article other than the patented article or an article other than that made by the patented process which is not supplied by the vendor, lessor or licensor or its nominee;
  • that prohibit the purchaser, lessee or licensee from using or that restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process; or
  • that provide for exclusive grant-back, prevention of challenges to the validity of the patent or coercive packaging licensing.
For more information about this answer please contact: Essenese Obhan from Obhan & Associates