COMPULSORY LICENSING OF PATENTED PHARMACEUTICALS By Aswathy Asok

Abstract

The TRIPS Agreement mandated patent protection to pharmaceutical products. This caused apprehension in the developing countries about the affordability, accessibility and availability of the life-saving drugs. But the TRIPS Agreement along with the Doha Declaration has offered ample flexibilities to these countries. One of such flexibilities is the system of compulsory license. Developing countries can make use of this practice whenever they met with public health issues. Thus if the patentee abuses his exclusive right so as to make the drug unaffordable to public or if the State is confronted with a public health emergency, the system of compulsory license can be taken use of by the Government. The article concludes with the finding that countries are not making effective use of the provision which is clear from the very low number of instances of compulsory license. And also the rights of the patentee is also been given proper importance as it is obvious from the Indian cases on compulsory license.

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