Impact Of Compulsory Licensing On Access To Medicines In India: A Pandemic Perspective
- IJLLR Journal
- Feb 23
- 1 min read
Nandita Veeresh Mamani, CHRIST (deemed to be) University, Bengaluru, Karnataka
ABSTRACT
One crucial legal tool enabling governments to approve the manufacturing of copyrighted medications without the patent holder's approval is compulsory licensing, especially in public health emergencies. With an emphasis on its function during pandemics, this study investigates how mandatory licensing affects access to medications in India. It examines the Indian Patent Act, 1970's legal structure, focusing on Sections 84 and 92, and assesses how India has applied these provisions to guarantee the accessibility and cost of necessary medications. The study examines critically how well mandatory licensing works to alleviate drug shortages and lower drug costs, especially during emergencies like the COVID-19 pandemic. It also evaluates obstacles to implementing compulsory licensing, such as opposition from the pharmaceutical business, pressures from global commerce, and procedural barriers. To improve public health readiness for upcoming pandemics, the study ends with policy proposals for fortifying India's mandatory licensing system. It promotes a well-rounded strategy that guarantees fair medication access while encouraging creativity and pharmaceutical development.
Keywords: Access to medicines, Compulsory Licensing, COVID-19, Patent Law, Public Health.
