Open Access Research Article
BALANCING PUBLIC HEALTH AND PATENT RIGHTS: INDIA'S COMPULSORY LICENSING POLICY
Abstract
ABSTRACT
The conflict between patent
protection and access to affordable medicines is one of the most pressing
issues in international intellectual property law. India, being a major
producer of generic medicines, has developed a unique legal framework that
attempts to strike a balance between rewarding innovation and ensuring that
life- saving drugs are accessible to all citizens, especially the poor. This
paper examines, India's compulsory licensing policy under the Patents Act,
1970, as amended by the Patents (Amendment) Act, 2005, focusing on Sections 84,
92, and related provisions[1].
It analyses the landmark case of Natco Pharma Ltd. v. Bayer Corporation (2012),
which was India's first compulsory license grant, along with other relevant
judicial pronouncements and international agreements such as the TRIPS
Agreement and the Doha Declaration on TRIPS and Public Health (2001).3 The
project explores how India has used compulsory licensing as a tool of public
health policy, and concludes that while compulsory licensing is a legally sound
and morally justified mechanism, its full potential in India is yet to be
realized due to procedural, political, and international trade pressures.
[1] 1The
Patents Act, 1970, Chapter XVI, Sections 84-94 contain all provisions relating
to compulsory licensing in India. The Act was significantly amended by the
Patents (Amendment) Act, 2005 to comply with TRIPS obligations
Published Paper
Author Details
Authors: SANSKRITI UPADHYAY
Registration ID: 1013211 | Published Paper ID: IJLRA13211
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1403-1414
Article Information
BALANCING PUBLIC HEALTH AND PATENT RIGHTS: INDIA'S COMPULSORY LICENSING POLICY
Authors: SANSKRITI UPADHYAY
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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