Compulsory Licences of Intellectual Property: A survey

The Icfai University Journal of Intellectual Property Rights, Vol. VIII, No. 1, pp. 27-50, February 2009

35 Pages Posted: 23 May 2008 Last revised: 23 Mar 2009

Abstract

This paper analyses the provisions relating to compulsory acquisition under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). The approach of the paper is to analyse the obligations of the members under the Agreements in terms of the limitations and the safeguards to be adhered at the time of granting compulsory licences. A special segment is also devoted to the approach followed under the Indian intellectual property laws and the standards therein on grant of compulsory licences.

The chapterization is as under;

I. Introduction

II. Compulsory Licence before TRIPs: A survey of International Intellectual Property Conventions

III. Compulsory Licence under TRIPs

IV. Indian stand on Compulsory Licences: An Evaluation (a) Patents Act, 1970 (b) Copyright Act, 1957

V. Doha and Beyond: The future of Compulsory Licenses

VI. Conclusion

VII. Bibliography

Keywords: Compulsory licence, Intellectual Property, TRIPs Agreement, WTO, India

JEL Classification: K11, K20, K33, K39

Suggested Citation

Jain, Tarun, Compulsory Licences of Intellectual Property: A survey. The Icfai University Journal of Intellectual Property Rights, Vol. VIII, No. 1, pp. 27-50, February 2009, Available at SSRN: https://ssrn.com/abstract=1136767 or http://dx.doi.org/10.2139/ssrn.1136767

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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