Analysis of Compulsory Licensing in India and its Perceived Impact During the Covid Era

Abstract

Compulsory licensing can be defined as a mechanism which would enable the State to use the invention without the prior consent from the inventor or the patent right holder. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement provides provisions for patenting of drugs, it also provides certain provisions for compulsory licensing mechanism, to keep a check on the possible abuse of patent rights. There has been an imbalance between profits and drug accessibility to people throughout the world, including India. The Indian patent regime has changed drastically since the landmark Judgment of Bayer v. Natco , it was evident that the judicial approach upheld the public interest and ensured that the pharmaceutical companies do not abuse their position. Granting patent security to pharmaceuticals particularly fundamental medications has dependably been a challenged one. Further, the subsequent judgements on the said subject matter has created confusion as far as the stance of compulsory licensing standards in India are concerned. The inborn tussle between profit driven medication organizations and welfare arranged governments trying to guarantee less expensive access to fundamental prescriptions has as often as possible involved the worldwide attention. The Covid 19 pandemic has disrupted many lives all over the world, but since the invention of numerous vaccines, there has been a ray of hope to cure the virus at a large scale. However, the governments and the pharma companies need to have an agreement in order to provide vaccine and healthcare to vast majority of population. Thus, the compulsory licensing route is being explored by various governments in order to provide healthcare, this paper aims to explore the fundamentals of compulsory licensing in India and its possible application in the Covid 19 scenario.