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Title: Compulsory Licensing of Drugs and Pharmaceuticals: Issues and Dilemma
Authors: Kaur, Amanpreet
Chaturvedi, Rekha
Keywords: Compulsory license;Drugs and pharmaceuticals;TRIPS Agreement;Doha Declaration;Indian Patents Act
Issue Date: Sep-2015
Publisher: NISCAIR-CSIR, India
Abstract: ┬áPatent is a significant subject matter since it provides monopoly to the inventor over his invention and restrict others to use the invention as it gives exclusive right to the patentee. The monopoly can cause rise in the cost of goods and services as the patentee holds the complete right to decide the price of his invention. This can pose a problem to the developing countries as they do not have many resources or funds to buy such costly patented products especially drugs and medicines. TRIPS Agreement in 1995 provided the provision of compulsory license under Section 31, which supports granting of right to manufacture the patented product by the government or a third party authorized by the government without the consent of the inventor. Later, Doha Declaration also supported TRIPS not only in granting compulsory license but also to import the patented drug by the countries which are in great need of that drug but are unable to manufacture it. This article discusses about the need of compulsory license and how various countries are exploring this provision and various issues related to compulsory license of drugs and pharmaceuticals along with the positive contribution of compulsory licensing in providing the access of the life-saving drugs whenever required by the public.
Page(s): 279-287
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.20(5) [September 2015]

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