Compulsory licensing of patents.

Abstract

Compulsory licensing (CL) is a mechanism made by the government to provide balance between the monopoly right holders and the third person with public interest by ensuring the ease availability of the patented products at reasonable rate. This paper discusses the background criteria for getting CL in India as per the Indian Patent Act, 1970 starting from the concepts outlined in the Trade-Related Aspects of Intellectual Property Rights agreement. We reviewed the case studies for the accepted and rejected CL in India. We also discuss important CL cases that were permitted internationally, including the present COVID pandemic CL. Finally, we provide our analytical perspectives regarding the pros and cons of CL.