LIJDLR

Compulsory licensing

COMPULSORY LICENCING AND ACCESS TO MEDICINE

Volume II Issue I /

COMPULSORY LICENCING AND ACCESS TO MEDICINE Dr. Sonika Bhardwaj, Associate Professor, School Of Law, Christ (Deemed to be University) Bangalore. Aswathi Radhakrishnan, LLM IPL, School Of Law, Christ (Deemed to be University) Download Manuscript ABSTRACT At the time of the global pandemic, nations around the globe understood that a nation’s true development is based on how well its healthcare sector performs or how well the distribution of access to medicine takes place. Big pharma companies produce patented, good-quality drugs, but the accessibility of these drugs is very limited, especially in the developing and least developing countries. Due to the patentability of medicines, the drug manufacturers will have an exclusive right over the product. Therefore, the cost of medicine in LDC(least developed countries) and DC(Developing countries) is too high. As an exception to this, a compulsory licence has been introduced. It basically allows the use of patented drugs or medicines to produce, use and sell even without the consent of the patentee or the inventor of the particular drug. Compulsory licensing could have a positive and a negative impact on society. The reason is that CL does help the LDC and DC with access to medicine in emergencies. On the other hand, the inventor’s IPR right will be jeopardised. The CL will take away all the IPR protection under the patent law. This paper focuses on how CL plays a vital role in access to medicine, particularly in developing countries and also looks into how the CL addresses public health concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 82-95. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PATENT LAW IN RELATION TO BIOTECHNOLOGY

Volume 1 Issue 1 /

PATENT LAW IN RELATION TO BIOTECHNOLOGY Tusharika Mohan Singh Gaharvar, Law Student at Amity Law School, Amity University, Lucknow Download Manuscript ABSTRACT A patent is an exclusive privilege given to an inventor that allows them to utilize their creation without hindrance from others for a period of 20 years. Given its enormous economic value, a patent can be regarded as one of the most significant types of intellectual property rights. The history of patents is extensive, and the laws governing them have changed throughout time based on societal needs, the pace of innovation, and the complexity of those innovations. The Patent Act, 1970, as amended by the Patents (Amendment) Act, 2005, and the Patents Act RULES, 2006, governs patent law in India. In addition to inspiring the development of several innovators and playing a significant part in enhancing the country’s health, biotechnology has emerged as a valuable instrument for many researchers. Biotechnology requires major expenditure and research; patenting biotech inventions is important in the current era. According to recent case law, biological elements or chemicals that are created in laboratories but previously unavailable in the natural environment have won the right to be patented. Thus, the Biotechnology Patents in India were developed in order to safeguard the inventor’s interests and rights to patentability. In India, the application and grant processes for biotechnology patents are drawn out and time-consuming.

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