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Patent Law and Compulsory Licensing: Indian Perspective.

Authors :
Gupta, Abhinav
Raza, Aqa
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