Section 90(1) in The Patents (Amendment) Act, 2002
(1)In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure-(i)that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the inventi n or in developing it and obtaining a patent and keeping it in force and other relevant factors;(ii)that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him;(iii)that the patented articles are made available to the public at reasonably affordable prices;(iv)that the licence granted is a non- exclusive licence;(v)that the right of the licensee is non- assignable;(vi)that the licence is for the balance term of the patent unless a shorter term is consistent with public interest;(vii)that the licence is granted with a predominant purpose of supplying in Indian market and in the case of semi- conductor technology, the licence granted is to work the invention for public non- commercial use and in the case, the licence granted to re edy a practice determined after judicial or administrative process to be anti- competitive, licensee shall be permitted to export the patented product.
