Hariharan K. K, LL.M., IPR Student, VIT School of Law, Vellore Institute of Technology, Chennai, Tamil Nadu, India – 600127
Dr. P.R.L. Rajavenkatesan, Professor of Law, VIT School of Law, Vellore Institute of Technology, Chennai, Tamil Nadu, India- 600127
ABSTRACT
Compulsory License has been considered as an affirmative concept for the welfare of the people and can be issued by the government as per the conditions laid down by the Patents Act, 1970 as amended in 2005. Compulsory licensing enables the state to authorise third parties to produce a patented product without the patent holder's consent, prioritising public health and access to necessary medications during emergencies. The need for issue of compulsory licence and use of the same is depending upon situation prevailing in the state ad it was introduced for the purpose of helping the people by lowering the cost of the patented goods. The COVID-19 global pandemic emphasised the significance of compulsory licensing within the patent system and the impact of intellectual property rights on drug accessibility. This paper discusses about the legal framework, challenges & the positive & negative impacts of Compulsory Licence and suggestions for effective use of the same.
Keywords: Compulsory Licence, India, Patents, Innovation and World Trade Organizaton.
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