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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(5) [September 2010] >
| Title: | Compulsory Licensing under TRIPS: How Far it Addresses Public Health Concerns in Developing Nations |
| Authors: | Gupta, Raadhika |
| Keywords: | Patent
compulsory licensing
TRIPS
Doha Declaration
access to drugs |
| Issue Date: | Sep-2010 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | While the TRIPS Agreement provides for the patenting of
drugs, it also provides for compulsory licensing as a mechanism to check the
abuse of patent rights that might flow from such a rigid patent regime.
However, it was only after the subsequent Doha Declaration that the developing
nations could use this provision of compulsory licensing to access drugs from
the developed world. This article examines international law on compulsory
licensing in patents, the extent to which it restricts the scope of developing
countries in taking advantage of technology in the developed world, the space
it leaves open for them to further promotion of public health and the manner in
which it has been used in some developing countries. It argues that although
there are a number of obstacles placed through the new patent law regime
mandated by TRIPS, there is still immense scope left for the developing
countries to exploit. Careful planning and policy making can enable an
effective balancing of the conflicting interests of protecting patent rights and
making essential drugs accessible to all. |
| Page(s): | 357-363 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.15(5) [September 2010]
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