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CovidMed Ltd. wants to manufacture an anti-malaria drug in India solely for exporting to an Island…

Section 92A(1) of the Patents Act, 1970 makes a compulsory licence available for the manufacture and export of patented pharmaceutical products to a country with…

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CovidMed Ltd. wants to manufacture an anti-malaria drug in India solely for exporting to an Island nation. Accacia, a Swedish MNC holds the patent for the drug in India. Which of the following is NOT a requirement to be met by CovidMed for obtaining a compulsory licence for the export of the drug to the Island nation?

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Correct answer B

Section 92A(1) of the Patents Act, 1970 makes a compulsory licence available for the manufacture and export of patented pharmaceutical products to a country with "insufficient or no manufacturing capacity in the pharmaceutical sector" to address public health problems, provided that country has granted a compulsory licence or has, "by notification or otherwise", allowed import from India. A prior compulsory licence under section 84 in India is not a condition; section 92A is a separate route.

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