The ‘Compulsory Licence’ Regime in India: Past, Present and Future

Abstract

This report is a descriptive one that explores the system of ‘compulsory licensing’ in India. In particular, it examines the history/background/rationale of the present ‘compulsory licensing regime’ in India. It then outlines the scope of the ‘compulsory licensing’ regime as it stands today. In particular, it deals with the grounds for compulsory licensing, procedure involved, decisions on compulsory licensing and TRIPS compliance issues.

Given the recent transition of India to a pharmaceutical product patent regime, it is expected that a number of generic companies are actively looking to exploit the compulsory licensing windows.

Keywords: patents, compulsory licensing, drugs, india, TRIPS

JEL Classification: O34, K10, K33