Compulsory licensing of patents in India

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.