THE Government of India has
released a discussion paper on compulsory licensing on patents. The paper
identifies the policy issues and invites views and suggestions by September 30,
2010, on the best ways to maintain a balance between intellectual property
rights protection and public interest.
Compulsory licensing is a system whereby the government may allow third
parties, other than the patent holder, to produce and market a patented product
or process without the consent of the patent owner. This may be done to ensure
the working of patents, availability of the products at a reasonable price,
promotion and dissemination of technological invention and protection of public
health and nutrition. This is particularly relevant to the pharmaceutical
industry and drug controls.
Following India's accession to TRIPS in 1995, the government of India
initiated significant changes to its intellectual property regime, amending the
Patent's Act and the Trade Marks Act. Other laws, including the Designs Act and
the Geographical Indications Act were also enacted. The issue of compulsory
licensing becomes relevant to maintain a balance between a country's development
and technological goals and protection of intellectual property rights.
Although, internationally, governments have resorted to compulsory
licensing, especially in the field of health, food and pharmaceutical drugs,
mainly involving import of generic drugs, the government of India has not issued
any CLs yet under the amended Patents Act.
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