92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
(1) A compulsory licence is available for manufacture and export of patented pharmaceutical products to any country with insufficient or no manufacturing capacity in the pharmaceutical sector for the product concerned, to address public health problems, provided that country has granted a compulsory licence or has, by notification or otherwise, allowed importation of the patented pharmaceutical product from India.
(2) On receiving an application in the prescribed manner, the Controller shall grant a compulsory licence solely for manufacture and export of the pharmaceutical product to such country, on such terms and conditions as he specifies and publishes.
(3) Sub-sections (1) and (2) are without prejudice to the extent to which pharmaceutical products made under a compulsory licence can be exported under any other provision of the Act.
Explanation: “Pharmaceutical products” means any patented product, or product made through a patented process, of the pharmaceutical sector needed to address public health problems, including ingredients necessary for manufacture and diagnostic kits required for use.
