Compulsory licensing: a mechanism in balancing the rights to patents and the need to protect health
The topic of Compulsory licensing (CL) is right in the centre of a huge controversy of intellectual property and the fundamental right to health. As nations attempt to increase pharma innovations, and at the same time to make life saving drugs affordable, CL emerges as the most appropriate legal solution. It is where governments permit […]
How Bayer Lost Its Monopoly: The Story Behind India’s First Compulsory License
The legal dispute between Bayer Corporation and the Union of India, along with other parties, centered on India’s first compulsory license for the anticancer drug Sorafenib (marketed as Nexavar). The Intellectual Property Appellate Board (IPAB) thus upheld the license and concluded Bayer had failed to ensure public access to the drug at an affordable price. […]
Compulsory Licencing
Introduction Compulsory licence is a licence issued by the government to an applicant for making, using, selling a patented product or making use of a patented process without consent of the patentee. Provisions related to compulsory licensing are outlined in Chapter 16 of the Patents Act, 1970. Application of compulsory licencing Section 84 of the […]
Intersection of Intellectual Property Law and Competition Law with respect to Cross Licensing Agreements
Introduction The human mind is a marvel with an astonishing potential to transform ideas into practice and commercialize them in order to accrue benefits. This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an […]
Grant of Compulsory License in India: Its Provisions and Need in Several Industries in India.
Introduction As per World Intellectual Property Rights, a Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed […]