Abstract
An inventor is entitled to have a right of ownership for his invention which can be delivered only by the official document – “THE PATENT” Without which there is a great danger of their IPR to be exploited. Patents are also available for specified improvements on previously invented items. Compulsory license is an official permission obtained from the government to do use or own something. A compulsory licensee’s means the owner of a patent or a copyright license the use of their rights for a payment set by the law or fixed through some form of adjudication or arbitration. Compulsory licensing of patent in India is issued according to section 84 and 92 of Indian Patent Act 1970. Compulsory license is issued to prevent the abuse of patent and commercial exploitation and also for the concern for health of the public. A license is granted by the government to an individual or a company seeking to use patent obtained copy righted works or other types of intellectual property, so that they can use the works without seeking the owners consent. The contracts between the buyer and seller can only be created when they both give out their full willingness for the said terms. This research paper’s main objective is to evaluate the effectiveness of the strategies used to regulate licence issuing.
KEYWORDS – Intellectual property right, Patent and compulsory license,(LPM ) license permit method, Rights and Remedies, Violation.
Introduction
In the realm of intellectual property (IP), the concept of compulsory licensing serves as a critical balancing tool between the rights of patent holders and the broader interests of society. [1]Intellectual property rights, particularly patents, are designed to reward innovation by granting inventors exclusive rights to commercially exploit their inventions for a limited period.[2] However, this exclusivity can sometimes conflict with public interest especially in sectors like healthcare, agriculture, and technology where access to patented innovations may be vital.[3] This is where the legal mechanism of compulsory licensing steps in, allowing governments or authorized third parties to use patented inventions without the consent of the patent holder under certain conditions.[4]
This article explores the legal foundation, objectives, international framework, and Indian perspective on compulsory licensing, highlighting key case laws and the tension between private rights and public welfare.[5]
[1]Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries (Oxford University Press, 2001), p. 159.
[2]Gervais, Daniel, The TRIPS Agreement: Drafting History and Analysis, 4th ed. (Sweet & Maxwell, 2012), pp. 426–427.
[3] Abbott, Frederick M., “The Doha Declaration on the TRIPS Agreement and Public Health: Lighting a Dark Corner at the WTO,” (2002) 5(2) Journal of International Economic Law 469.
[4] Article 31, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995; Section 84, The Patents Act, 1970 (India).
[5] Correa, Carlos M., Public Health and Patent Legislation in Developing Countries, (South Centre, 2001), p. 12.