A Critical Study On Compulsory Licensing Of Patents Under The Indian Patents Act, 1970
- IJLLR Journal
- 1 day ago
- 1 min read
Dr. J. Devi, Assistant Professor, Govt. Law College, Chengalpattu
Dr. K. Gowri, Assistant Professor, Govt. Law College, Trichy
ABSTRACT
In order to address the problem of monopoly created by the patent system, there is a holy provision in the Indian Patents Act 1970 known as compulsory licensing. It may be considered as heart and soul of the Indian Patents Act 1970. Compulsory licence is an authorization granted by a legal authority to grant a licence without or against the permission of the title holder for the use of a patent-protected subject matter. Finding a balance between the interests of the innovator and the general well-being of society is the primary goal of patent issuance. However, the current patent system primarily safeguards technological advancements and innovation at the expense of the general welfare of consumers. It is now seen as a crucial instrument for fostering creativity
Keywords: Patent, Compulsory licensing, Patentee, Monopoly, TRIPS, License, Controller, Indian Patents Act, 1970
