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JIPR Vol.09(5) [September 2004] >


Title: Compulsory Licences Imbroglio: Provisions Under TRIPS and Their Interpretations
Authors: Nair, M D
Keywords: TRIPS Agreement
compulsory licence
anti-competitive practices
public health issues
non-commercial use
dependent patents
Doha Declaration
Issue Date: Sep-2004
Publisher: CSIR
Abstract:  One of the most crucial components of the TRIPS Agreement is related to the provision for the grant of compulsory licences, which is not in fact a new phenomenon introduced under the TRIPS Agreement. Practically all countries including US, Canada and those in Western Europe had provisions for grant of compulsory licences in their Patent Acts and have used them on several occasions in the past. A proper understanding and a judicious interpretation of the available provisions for compulsory licences under the TRIPS Agreement could go a long way in ensuring a proper balance between the rights of the patent holder and the public health needs of the people in developing countries. The paper discusses in detail about the compulsory licence and the need for granting it. Amendments to the Indian Patents Act 1970 on compulsory licence issues are also discussed briefly.
Page(s): 415-423
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(5) [September 2004]

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