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COMPULSORY LICENSING OF PATENTS IN INDIA

By Soumyadip Panda

Patent has been defined by the WIPO as the exclusive right which is granted for any invention, which can either be a product or a process, which provides an innovative way of doing a certain thing or which offers an innovative technical solution to any existing problem. The patentee enjoys exclusive rights over the invention which has been patented for a time period of twenty years. He can also stop other people from using his patented product. However, there are circumstances under which a third party may be authorized to make good use of the patented product. The Indian Patent Act, 1970 under Chapter XVI discusses this concept.
Compulsory license can be defined to be licenses which are granted to any individual or a company who seeks to use the patent or any other intellectual property by the government. Owner’s consent in such circumstances is immaterial.
Developing countries have given a lot of importance to the provision of compulsory license mainly because of the medicines in such countries are rarely available and even when available are not affordable by the masses. However, developed countries such as USA or European countries are opposing the grant of compulsory license because it decreases the scope of innovation.
In this research paper, the Author has briefly discussed the concept and origin of the system of compulsory licensing before moving towards its status and acceptance at the international level. Further, the Author has laid emphasis to the provisions which are enshrined in the Indian Patents Act, 1970. Furthermore, the Author has also dealt briefly with the implications of the grant of compulsory license both at the national as well as the international level.
Keywords: Patent, WIPO, Invention, Compulsory License, Innovation.

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