Compulsory Licensing under Section 92A: Issues and Concerns

Abstract

As the patents laws continually soar in dynamic transition, burning controversy that rages up is compulsory licensing under Section 92A of the Indian Patents Act enabling exportation of patented drugs. This dissertation is a research-based factual analysis of patents as a real barrier to the accessibility to drugs and the extent to which compulsory licensing remodels the situation, in reference to the latest legal development- Natco v Pfizer which has hauled the key provisions before the legal eye for severe scrutiny. This paper is an endeavour to analyse the issue of patents v patients in the light of a possible outcome of this potentially landmark case.