| Category: |
Intellectual Property Rights |
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The evolution of the international patent system during the past century has witnessed debates the most significant of which centered on the provisions for the grant of compulsory licences. Compulsory licensing system was introduced in the patent laws to ensure working of the patent in the country of grant, i.e. using the patent for commercial exploitation. This is the only obligation that the patent system imposes on the patent holder, as was made explicit in the Model Law for Developing Countries on Inventions and Know-How framed by the WIPO in the late 1970s. The entire system of patenting, otherwise, confers only rights that can be enjoyed by the patentee. In order that the patent is worked and to prevent the abuse of patent system arising out of non-working of the patent, the Paris Convention had devised the instrument of compulsory licensing. In the event of an abuse of the patent right due to non-working, the patent granting authority was given the powers to issue a licence to anyone who was willing to “work” the patent.
An examination of select country experiences would be beneficial for developing countries like India as they try to give effect to their commitments under the TRIPS Agreement, including those that arise from the implementation of the Doha Declaration on TRIPS Agreement and Public Health. The study is also examining the Indian experience of implementing the compulsory licensing system.
The following broad issues are being examined in the study:
1. A comparative analysis of compulsory licensing provisions in the regimes of select countries
2. Working of compulsory licensing system in select countries
3. Determination of the terms of licence, in particular the compensation paid to the patentee for the use of the patent
4. Implementation of the compulsory licensing system in India |