Compulsory Licensing: An Emerging Trend Towards Indian-Patent Regime

Article by Priyanka Rastogi and Anshu Bansal¹

AN INTRODUCTION

Compulsory licenses are generally defined as "authorizations permitting a third party to make, use, or sell a patented invention without the patent owner's consent."²Under Indian Patent Act, 1970, the provision with regard to compulsory licensing is specifically given under Chapter XVI. Internationally also, the provision of compulsory licensing is well-recognized. The inbuilt flexibility provided under TRIPS agreement also paved the way to grant of compulsory licensing. This is done while keeping in mind the interest of public at large.

Since compulsory licensing limits the right of exclusive ownership conferred by patents, it has long been controversial.³ When it comes to implementation of compulsory licensing, there has been little consensus. Among the signatories of TRIPS, developed countries generally tend to view this provision with suspicion, while the developing countries consider it as an