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An Exploratory Study On Compulsory Licensing Of Pharmaceuticals And Issues Related To It

Ranjan Babu Joseph, Christ University


Access to medicines is one of the basic rights of the people. It is an integral part of right to life and hence it is of utmost importance that the people have access to all medicines essential to sustain life. Compulsory licensing of pharmaceuticals would mean that the pharmaceutical companies are more or less forced to let other companies to manufacture and distribute their patented product. The problem associated with this is that pharmaceutical firms would lose the incentive to invest in R&D and develop new drugs. The government would consider an appeal for compulsory licensing only after 3 years from the date of approval of patent rights and other essentials laid down by the regulating body. This paper tries to analyze how effective is the controller who approves the appeal for compulsory licensing and how effectively without prejudice his duty be carried out. Not every country has the economic background to afford to develop all medicines and hence it would be discriminatory to let the people of that country be deprived of essential medicines. This Research paper aims to shed light on what are the circumstances under which a compulsory license can be granted and what are the issues related to it.

Keywords: Compulsory licensing, patents, TRIPS, Doha Declaration, access to drugs


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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