A compulsory licence (CL) is granted by the government to a third party to use a patented invention so as to prevent the patent holder from abusing or misusing its rights to the detriment of public health.
In past 10 years, governments of developing nations such as Zimbabwe, Malaysia, Zambia, Indonesia, Thailand and Brazil have invoked compulsory licensing to increase patients’ access to medicines. India granted its first CL in 2012.
The main rationale behind the grant of a CL in India is to ensure: the availability of an adequate amount of the patented product; the commercial exploitation of a patented invention in India and not merely importation into India; the availability of the patented product to the public at reasonable prices; and a reasonable advantage for the patentees for their patent rights.
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Manoj K Singh is the founding partner of Singh & Associates, a full-service international law firm with headquarters in New Delhi.
N-30, Malviya Nagar, New Delhi -110017 India
Tel: +91 11 4666 5000, 2668 7993, 2668 0331
Fax: +91 11 2668 2883, 4666 5001
Email: newdelhi@singhassociates.in
Website: www.singhassociates.in
