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- Title
Patent Law and Compulsory Licensing: Indian Perspective.
- Authors
Gupta, Abhinav; Raza, Aqa
- 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.
- Subjects
DOHA (Qatar); PATENT law; COVID-19 pandemic; INDIA. Supreme Court; DESIGN protection; PUBLIC welfare; PREPAREDNESS; PUBLIC health ethics; PATENTS
- Publication
Journal of Intellectual Property Rights, 2024, Vol 29, Issue 1, p5
- ISSN
0971-7544
- Publication type
Article
- DOI
10.56042/jipr.v29i1.602