Compulsory Licensing of Patents in India

descriptionPublicationkeyboard_double_arrow_right Article 01 Nov 2016 English Publisher:Informa UK LimitedJournal:Pharmaceutical Patent Analyst, volume 5, pages 401-406 (issn: 2046-8954, eissn: 2046-8962,

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Authors: Rahul, Chaudhry;

doi: 10.4155/ppa-2016-0033

pmid: 27805847

Compulsory Licensing of Patents in India

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Abstract

This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. This article further discusses the procedure followed by India in granting a compulsory license, provides an overview of compulsory license applications filed in India to date and judicial precedence regarding the same. This article also highlights how compulsory licensing is a great safeguard that balances the interests of the innovators and the public at large.

Keywords

Patents as Topic, Drug Industry, Humans, India, Licensure

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