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

53 Pages Posted: 1 Oct 2010 Last revised: 25 May 2014

See all articles by Shamnad Basheer

Shamnad Basheer

Nirma University - Institute of Law

Mrinalini Kochupillai

Technical University of Munich, Chair of Business Ethics and Global Governance; Technical University of Munich

Date Written: July 1, 2005

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

Suggested Citation

Basheer, Shamnad and Kochupillai, Mrinalini, The ‘Compulsory Licence’ Regime in India: Past, Present and Future (July 1, 2005). Available at SSRN: https://ssrn.com/abstract=1685129 or http://dx.doi.org/10.2139/ssrn.1685129

Shamnad Basheer (Contact Author)

Nirma University - Institute of Law ( email )

Sarkhej-Gandhinagar Highway
Gota
Ahmedabad, Gujarat 382 481
India

Mrinalini Kochupillai

Technical University of Munich, Chair of Business Ethics and Global Governance ( email )

Arcisstrasse 21
Munich, DE 80333
Germany

Technical University of Munich ( email )

Chair of Business Ethics and Global Goverance
Arcisstr. 21
Munich, Bavaria 80333
Germany

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