COMPULSORY LICENSING OF PHARMACEUTICAL PATENTS IN INDIA: A RESEARCH STUDY

Vipin Mathur*, Dr. B. P. Nagori and Dr. Mahendra Tiwari

ABSTRACT

Patents provide monopoly rights for the patent owners over their new, inventive and innovations. Patents are granted with an expectation that the patent owners would work the patented inventions without undue delay on the commercial scale to the fullest extent as practically possible. But in some cases the patent rights may be subject to abuse by the patent owner. To prevent such abuse provisions of compulsory license are provided under the patent law. However, compulsory licensing provisions in India have been under criticism particularly at the international front. This paper examines and compares provisions for compulsory licensing in India with the relevant provision in U.S., Europe and China. The paper also takes into account important case laws, and empirical data collected on the issue through a questionnaire based survey. The paper concludes by proposing measures to strengthen the compulsory licensing provisions in India.

Keywords: Patent, Patents Act, patent abuse, compulsory license.