Practice question
A capable applicant seeks a compulsory license for patented medicine because the Health Secretary has determined Philippine demand is not met adequately and on reasonable terms. The owner argues the applicant must always negotiate unsuccessfully first, even under that precise statutory ground. Which is best?
- Amended Section 95.2(d) excepts that specified drug-demand case from the prior-negotiation requirement
- Every compulsory license requires negotiation without exception
- The Health Secretary's determination is never relevant
- Any customer can declare demand unmet conclusively
- The exception abolishes the need for a lawful licensing process
Legal references
- RA 8293 Sections 93-95, as amended by RA 9502 Sections 10,12-13: https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html
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