Patent Law and Compulsory Licensing: Indian Perspective
DOI:
https://doi.org/10.56042/jipr.v29i1.602Keywords:
Patent, Compulsory License, TRIPS, Article 31bis, Doha Declaration, Natco v Bayer, Patents Act, India, COVID-19, Supreme Court of India, IPAB, Controller of Patents, The Patents Act, 1970, N Rajagopa Ayyangar Committee, Bakshi Tek Chand Committee, The Patents and Designs Act, 1911, Utilitarian Theory, Labour TheoryAbstract
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.
