Abstract:
The first patent act in India was passed in 1911 which provided patent right for a product only.
After independence in 1970 the government of India enacted patent act 1970 which provides
patent both for product and processes. The process of compulsory licensing became prominent
following the Doha statement. The Doha declaration examined the possibility of implementing
compulsory licensing worldwide and emphasised that the TRIPS agreement is not restrictive
and will not hinder any member from implementing measures to safeguard public health.
Following the Doha Declaration, numerous nations made significant changes to their patent
systems in order to implement compulsory licensing more assertively. A generic manufacturer
can be granted a compulsory license based on many justifications in order to meet the needs of
patients and enhance their quality of life. Prior to the Doha declaration, major pharmaceutical
corporations had been consistently exploiting the opportunity to generate profits by
maintaining monopolies due to strict patent protection. The exorbitant price of patented
compounds has been a significant obstacle, impeding their affordability and accessibility for
millions of patients, particularly in poor nations. Compulsory licensing has provided
developing countries with the opportunity to meet their healthcare needs at cheap prices. This
dissertation will offer a concise overview of the historical and current landscape of compulsory
licensing concerns pertaining to patents worldwide, with a particular focus on India.
