Compulsory Licenses on Pharmaceutical Patents in India

6 Pages Posted: 15 Sep 2016 Last revised: 26 Oct 2017

Date Written: September 13, 2016

Abstract

Over the last few years, a lot of media reports/speakers/stakeholders have commented on the patent v/s compulsory licence situation in India and there is a lot of fiction mixed in a very small amount of facts. The grant of India’s sole compulsory licence (CL) in March 2012 (granted to Natco for Bayer’s patented drug- Sorafenib) seemed to spawn a series of media reports that tried to argue that the grant of this compulsory license was ‘…a major blow to global pharmaceutical firms’ and whether this grant was the opening of flood-gates to issuance of compulsory licences. However, nothing of that sort happened and the reality is that till date, India has rejected every other compulsory licence application apart from the Natco/ Sorafenib CL. The purpose of the present note is to collate the information around the various CL requests made under the 1970 Act.

Keywords: India, Patents, Pharmaceuticals, Generics, Compulsory License

Suggested Citation

Rathod, Sandeep, Compulsory Licenses on Pharmaceutical Patents in India (September 13, 2016). Available at SSRN: https://ssrn.com/abstract=2838204 or http://dx.doi.org/10.2139/ssrn.2838204

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