Compulsory License under the Patents Act

2021 ◽  
Author(s):  
R. Satish Kumar
Keyword(s):  
Compulsory License

Product Patent in Pharmaceuticals and Compulsory Licensing

2017 ◽  
pp. 108-123
Author(s):  
Jatinder Maan ◽  
Dinesh Kumar
Keyword(s):  
Intellectual Property ◽  
Compulsory License ◽  
Developed Countries ◽  
Developing Nations ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Political Pressure ◽  
Compulsory Licensing ◽  
Contentious Issue ◽  
History Of

The issue of patenting is a contentious issue. Different stakeholders hold opposite views. The pharmaceutical giants demand for stricter and longer Intellectual Property Protection for the promotion of research and development. They contend IP protection to be the “bedrock of their business”. While the health activists and governments of developing nations want greater flexibility in intellectual property protection and shorter patent period protection. Article 31 of the TRIPs agreement provides certain flexibilities to cater to certain situations. The countries are free to determine the grounds to issue provisions like compulsory licensing. But despite the provisions very few countries have used them. Pharmaceuticals giants with the backing of developed countries always try to denounce the practice of compulsory licensing with economic and political pressure. This chapter explains the concept and significance of Intellectual Property with reference to Pharmaceuticals. It also traces the little history of TRIPs agreement and explains the concept of Compulsory Licensing with trends in its use. It also discusses the few instances where compulsory License has been issued in different countries and tries to find the reasons of non issuance of Compulsory License.

Bargaining with private information and the option of a compulsory license

2019 ◽  
Vol 114 ◽  
pp. 83-100
Author(s):  
Eric W. Bond ◽  
Larry Samuelson
Keyword(s):  
Private Information ◽  
Compulsory License

scholarly journals Compulsory Licenses for Cancer Drugs: Does Circumventing Patent Rights Improve Access to Oncology Medications?

2016 ◽  
Vol 2 (5) ◽  
pp. 292-301 ◽  
Author(s):  
Cinthia Leite Frizzera Borges Bognar ◽  
Brittany L. Bychkovsky ◽  
Gilberto de Lima Lopes
Keyword(s):  
Cancer Control ◽  
Compulsory License ◽  
Legal Framework ◽  
Essential Medicines ◽  
Cancer Drugs ◽  
Middle Income ◽  
Middle Income Countries ◽  
Life Saving ◽  
Poor Outcomes ◽  
Improve Access

Worldwide, there are enormous inequities in cancer control that cause poor outcomes among patients with cancer who live in low- and middle-income countries (LMICs). One of the biggest challenges that oncology faces today is how to increase patient access to expensive, but life-saving, therapies in LMICs. Access to cancer medications in LMICs is a major problem, especially in recent years, as the costs of these therapies continue to rise exponentially. One mechanism available to LMICs to improve access to cancer medications allows a country to pursue a compulsory license for a given drug. Here, we will review how the legal framework in the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights Agreement and the Doha Declaration supports countries to circumvent patent laws and acquire compulsory licenses for essential medicines. We will also discuss the current and future role of compulsory licenses in oncology and how compulsory licenses may improve access to cancer drugs in LMICs.

India Contemplating Compulsory License for Trastuzumab

2013 ◽  
Vol 32 (3) ◽  
pp. 148-148
Keyword(s):  
Compulsory License

scholarly journals Compulsory License in the EU—Two Sides of the Same Coin

2016 ◽  
Vol 78 ◽  
pp. S5
Author(s):  
T. Baranek
Keyword(s):  
Compulsory License ◽  
Two Sides ◽  
The Eu

scholarly journals Compulsory license bandwagon gains momentum

2012 ◽  
Vol 30 (9) ◽  
pp. 814-814 ◽  
Author(s):  
Michael Francisco
Keyword(s):  
Compulsory License

First Compulsory License Mandated in India

2012 ◽  
Vol 31 (3) ◽  
pp. 294-294
Keyword(s):  
Compulsory License
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