COMPULSORY LICENSING OF PATENTED PHARMACUETICALS UNDER TRIPS: A BLESSING FOR DEVELOPING COUNTRIES
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Abstract
Patents are granted to incentivize innovation by conferring exclusive rights upon inventors, particularly in capital-intensive sectors such as pharmaceuticals. However, this exclusivity may conflict with public interest when patented products—especially life-saving medicines—are priced beyond the reach of large segments of the population. To address this concern, the TRIPS Agreement incorporates the mechanism of compulsory licensing under Article 31, permitting the use of patented inventions without the consent of the patent holder under specified conditions. This paper examines the concept of compulsory licensing as an exception to patent exclusivity, analyzing its legal framework under TRIPS and its significance for developing and least-developed countries. It explores the scope, subject matter, and conditions for the grant of compulsory licenses, emphasizing the flexibility accorded to WTO members in determining grounds such as public health emergencies and national necessity. The study highlights how compulsory licensing serves as a vital tool to balance private patent rights with public welfare by fostering competition, reducing drug prices, and improving access to essential medicines. Ultimately, the paper underscores compulsory licensing as a crucial instrument for achieving equity in global healthcare while remaining consistent with international intellectual property obligations.
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References
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Ibid
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S. M. Ford, “Compulsory licensing provisions under the TRIPS Agreement: Balancing pills and patents,” American University International Law Review, vol. 15, no. 4, pp. 941–974, 2000.
Id at 961
Id at 959
Ibid
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