Zooming Out On Compulsory Licensing Of Covid-19 Vaccines

The unnerving bio- catastrophe, the COVID-19 pandemic has brought an array of challenges for mankind. The COVID-19 scare at the global level is posing threat to human life and the governments are deeply divided over an effort to endorse a temporary patent waiver on COVID-19 vaccines and grant of compulsory licenses.

What is Compulsory Licensing?

Compulsory Licensing refers to the use of a patented product without the authorization or permission of the patent holder. The TRIPS agreement empowers the government to grant such rights to the parties or use the patent itself. Section 84 – 92 of the Indian Patent Act, 1970 lays down the pre-requisite conditions which are to be fulfilled before granting a compulsory license. Article 31 of the TRIPS Agreement allows the government to order domestic manufacturers to make a patented product without seeking permission from the patent holder. It further permits the countries to engage in compulsory licensing if there is a case