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Patent Law and Compulsory Licensing: Indian Perspective.
- Source :
- Journal of Intellectual Property Rights; Jan2024, Vol. 29 Issue 1, p5-17, 13p
- Publication Year :
- 2024
-
Abstract
- This Paper seeks to critically analyze and evaluate the concept of compulsory licensing under the Indian Patents and Designs Act, 1911, and the Patents Act, 1970. The Paper further: (i) traces its evolution from the French Patent Law of 1791 to the amendment of the TRIPS Agreement in 2017 that introduced Article 31bis; (ii) analyzes the detailed procedure and consideration for the grant of compulsory license in India; and (iii) in the light of Natcov Bayer decision, discusses the rejection of the compulsory license applications on the grounds of procedural non-compliance. In the end, paper develops an argument that the provisions relating to compulsory license under the Indian patent regulatory framework have remained a dead letter during COVID-19 pandemic at the cost of public health and welfare. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 09717544
- Volume :
- 29
- Issue :
- 1
- Database :
- Supplemental Index
- Journal :
- Journal of Intellectual Property Rights
- Publication Type :
- Academic Journal
- Accession number :
- 174516008
- Full Text :
- https://doi.org/10.56042/jipr.v29i1.602