COMPULSORY LICENSING OF PATENTS

A patent gives its owner the right to exclude others for making, using, selling, and importing an invention for a time period of 20 years. The patent rights in most of the countries come under the civil law and procedure of granting patent vary from country to country according to national laws and international agreements. In India, the patent law was perfectly implemented after the Patent Act of 1970 which came into force from 1972.

The compulsory licensing of the patent is power when a government allows some third party to manufacture the patented work without the consent of the patentee. In the Doha Declaration of 2001 the changes were made and new clause was added which is TRIPS(Trade-Related Aspects of Intellectual Property Rights) vs Public Health under 3(d) section of Intellectual Rights which grants compulsory licensing during the emergency and epidemics.

There are some conditions for Compulsory licensing and can be provided by any government only when the price is unaffordable within the country or when the reasonable requirement of a patented product is not meet to the public demand or when the patent is not working in a particular territory. In India the first time compulsory licensing was provided to Pharma Company named Nexavor in the year 2012. Since 2012  India always uses the compulsory licensing of patents whenever there is a requirement.

In context of India the compulsory licensing of the patent has given immunity and provided many opportunities to India to grow in the Pharma World and at present, we almost send the generic medicine to all countries. This compulsory licensing of Patent by India is supported by many countries where some oppose it too. In present India has been sending many medicines like Hydro-Choloroquin to different countries like the USA, Maldives, Bangladesh, etc. At glance, it is boon for a country like ours so it should be used wisely and carefully.