Section 84(7) in The Patents (Amendment) Act, 2002
(7)For the purposes of this Chapter, the reasonable requirements of the public shall be deemed not to have been satisfied-(a) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms,-(i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any person or class of persons trading or manufacturing in India is prejudiced; or(ii)the demand for the patented article has not been met to an adequate extent or on reasonable terms; or(iii)a market for export of the patented article manufactured in India is not being supplied or developed; or(iv)the establishment or development of commercial activities in India is prejudiced; or(b)if, by reason of conditions imposed by the patentee upon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establ shment or development of any trade or industry in India, is prejudiced; or(c)if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or(d)if the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or(e)if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by-(i) the patentee or persons claiming under him; or(ii)persons directly or indirectly purchasing from him; or(iii)other persons against whom the patentee is not taking or has not taken proceedings for infringement.
