COMPULSORY LICENSING AND ACCESS TO GENERIC MEDICINES IN INDIA: A CRITICAL STUDY
Vanshika Jakhar, LLM (IP) Student at Amity University Noida, Uttar Pradesh (India)
The affordability of medications is a critical social health concern in the developing world, and India uniquely straddles the realms of pharmaceutical advancement and social welfare. India has traditionally been recognized as a source nation for the production of generic drugs and the supply of these affordable medications to both domestic and international markets. However, this stance often conflicts with the notion of intellectual property (IP) protection, particularly in the realm of patent law. This research paper offers a critical examination of the concept of compulsory licensing (CL) as a legal and policy tool to balance the right to patent with the fundamental right to health. Mandatory licensing as per the provisions of the Indian Patents Act permits the government or designated entities to produce patented drugs without the consent of the patent owner under certain conditions, such as public health crises, unaffordability, or inadequate supply. Despite being recognized under international regulations like TRIPS, its application remains a political concern and a legal challenge. This study explores the evolution of CL in India, highlighting significant cases such as the Natco-Bayer case.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2028–2043. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |