Balancing Intellectual Property Rights With Access To Medicines: Role Of Compulsory Licensing In The Context Of Global Health Emergencies
- IJLLR Journal
- Feb 28
- 2 min read
Sandra Sunny Otta, LLM (Corporate and Commercial Law), Christ Deemed to be University, Bangalore
ABSTRACT
The interplay between intellectual property rights (IPR) and public health has been a long-standing issue in global health policy. While patents incentivize pharmaceutical innovation, they often create barriers to access for life-saving medicines, especially in low- and middle-income countries. Compulsory licensing (CL) is a legal mechanism that allows governments to override patent rights under specific conditions to ensure affordable access to medicines. This paper explores the legal frameworks governing compulsory licensing at the international and national levels, with a focus on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Doha Declaration. It analyzes key national implementations in countries such as India, Brazil, Thailand, South Africa, and the United States, examining how different jurisdictions have utilized compulsory licensing to address public health crises.
The paper further examines significant case laws, including Natco Pharma Ltd. v. Bayer Corporation (India), Pharmaceutical Manufacturers Association of South Africa v. President of South Africa, and Bristol-Myers Squibb v. South Africa, highlighting legal precedents that have shaped the use of compulsory licensing in global health emergencies. Special attention is given to the role of compulsory licensing during the COVID-19 pandemic, including the TRIPS waiver proposal and the challenges faced in implementing CL provisions.
Finally, the paper discusses the future of compulsory licensing, emphasizing the need for stronger international cooperation, local pharmaceutical manufacturing capacity, and transparent policy implementation. While CL remains a crucial tool for ensuring equitable access to medicines, it must be complemented by voluntary licensing agreements, technology transfer initiatives, and alternative incentive structures to strike a balance between innovation and public health. The findings underscore the necessity of a more flexible, responsive, and equitable global intellectual property regime that prioritizes human health over profit-driven monopolies.
