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Compulsory Licensing of Patents in India
Compulsory Licensing of Patents in India
Compulsory Licensing of Patents in India
Introduction
This article is an explanation to Compulsory Licensing dealt under Intellectual Property
Rights. Intellectual Property Rights refers to the legal rights granted with the aim to protect
the creations of the invention. These rights include Industrial Property Rights i.e industrial
designs and trademarks, or compulsory licensing under patent act and copyright i.e right of
the author or creator. Some related rights are also there like rights of the performers,
producers and broadcasting organisations.
Compulsory licensing comes under The Patent Act, 1970. Patents are granted to promote new
inventions which is a product or a process that provides a new way of doing something or
offers a new technical solution to a problem. To get a patent, technical information about the
invention must be disclosed to the public in a patent application.
That the reasonable requirements of the public with respect to the patented invention have not
been satisfied or,
That the patented invention is not available to the public at a reasonably affordable
price or,
That the patented invention is not worked in the territory of India.
These are the few grounds on which the compulsory licence will be granted. If the product is
not available to the public at a reasonably affordable price, if the public is not satisfied with
the patented invention or if the product is not available in the territory of India.
Conclusion
Compulsory licensing is important for an underdeveloped or developing countries. As, the
resources which are not available in a particular country can be a necessity for that country.
Medicine is a necessity for the society and if a patented drug is available in a country but is
very expensive that a normal person cannot afford that drug then the government of that
country has to do something for the people who cannot afford it. Here, the compulsory
license role comes in. Compulsory licenses will make the similar product available to the
people who cannot afford that drug.
TRIPS agreement for the public health was the first step by WHO to protect the people from
sickness and diseases which is common in countries but the medicine is not available.