Lee Pharma, a Hyderabad based Indian pharma company, filed an application for compulsory license (dated 29.06.2015) for the patent covering "AstraZeneca"s diabetes management drug Saxagliptin. Lee Pharma argued that their negotiations for a voluntary license with the patent owner were not rewarding as they did not receive any response from the Patent owner within a reasonable period. They alleged that the patented invention is not available to the public at a reasonably affordable price among other things.

On the other hand, the foreign pharma company raises the contention that there is no urgency for this particular drug considering that the price of similar drugs in India is also falling in the same bracket. As the Controller General of Patents, consider whether permission could be granted to Lee Pharma for manufacturing this drug in India. In the light of the above facts, answer: (i) Whether permission could be given to domestic pharmaceutical company to manufacture this or similar drug, if so, under what conditions? (iii) Whether Lee Pharma is ethically correct?