Hello Mr BarooahYou have pointed that lcenciee cannot only opt of new use' of the product as it will not make sense to the lcenciee to stop production of existing commercially successful product line. But in case a FDA compliant new use is discovered and the lcenciee intends to commercially exploit it without any refernce to the patentee then such a situation would certainly be perceived by the patentee to grossly inimical to his interests making him to engage in legal recourse. No matter what the odds are for the litigation to succeed it will surely be a comforting situation for any stakeholder. The prime requirement of any business entity is to have predictability about costs and have an environment which allows him to focus on market. Hence I feel that this licensing agreement allows to build partnerships reducing future uncertainties. It is a choice between having free lunch while fighting it out or having a peaceful lunch after paying for it.Also the point of global patent systems. It ios not the question of circumventing the gloabla patent laws. It is more a question of bringing a semblance of order and choice for the lcenciee and allow convergence of public good and patentee interest. MPP in its wisdom has provided a pathway for making medicines available where the territorial patent regime has been found deficient.Future licences agreements will be crafted better based on the feedback of this.R.K.Jain Patent Agent
production of existing commercially successful product line. But in case a FDA compliant new use is discovered and the lcenciee intends to commercially exploit it without any refernce to the patentee then such a situation would certainly be perceived by the patentee to grossly inimical to his interests making him to engage in legal recourse. No matter what the odds are for the litigation to succeed it will surely be a comforting situation for any stakeholder. The prime requirement of any business entity is to have predictability about costs and have an environment which allows him to focus on market. Hence I feel that this licensing agreement allows to build partnerships reducing future uncertainties. It is a choice between having free lunch while fighting it out or having a peaceful lunch after paying for it.Also the point of global patent systems. It ios not the question of circumventing the gloabla patent laws. It is more a question of bringing a semblance of order and choice for the lcenciee and allow convergence of public good and patentee interest. MPP in its wisdom has provided a pathway for making medicines available where the territorial patent regime has been found deficient.Future licences agreements will be crafted better based on the feedback of this.R.K.Jain Patent Agent
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