TRIPS and Compulsory Licensing: The Natco Nuance
225 Pages Posted: 28 Oct 2008 Last revised: 5 Dec 2014
Date Written: October 26, 2008
This paper aims at studying the various provisions of the TRIPS Agreement, covering the Compulsory licensing aspect under it. The Indian provision in this regard has also been studied, and an analogy to TRIPS has been drawn where necessary. The objective of the paper is to analyze the manner in which Section 92A of the Indian Patent Act has been interpreted and extrapolated in the light of the first compulsory licensing application ever to be filed in India. The facts and rendition in the Natco case, with respect to awarding a hearing to the patentee has been examined herein, and the consequent drift from the tenets of the TRIPS agreement elucidated.
Keywords: Compulsory Licenses, Compulsory Licensing, TRIPS, Patent Act, Authorization, Consultation, hearing, authority
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By Amir Attaran