Compulsory Licensing: Can It Be Viewed As An Essential Hours Need For Safeguarding The Lives?

Jaya Paliwal, S.S. Jain Subodh Law College, Jaipur, Rajasthan

ABSTRACT:

Compulsory licensing is not just a method used by the government of a country when a situation of emergency arises, but a way of providing excess for the patented products to the citizens of that country. By allowing third parties to use the patented medicines and pharmaceutical products, they can make, sell, export, and import every patented product for which compulsory licensing is granted by the government. This has its own benefits along with its demerits, which affect the pharmaceutical companies in having economic incentives present for technological development, but it doesn’t mean that for protecting the system, social welfare should be sidelined. There are many international-level treaties, conventions, and declarations that acknowledge the need for compulsory licensing, but they are not absolute and are subject to restrictions. Covid-19 pandemic it was seen that at this time, adoption was seen as a necessity to overcome the shortage of medicines. not just a pandemic, but if we go through the past and get to know how it was used by different countries for different needs and the impact and effectiveness of intellectual property licensing provisions in the whole world, this paper will show different countries that have applied compulsory licensing in the past for what needs and, after issuing this, what might be its aftereffect.

Keywords: Compulsory Licensing, government, emergency, incentives, pharmaceuticals