What is compulsory licensing in pharmaceuticals?

What is compulsory licensing in pharmaceuticals?

Compulsory licensing is a process by which a government licenses companies or individuals other than the patent owner to use the rights of the patent—to make, use, sell, or import a product under patent—without the permission of the patent owner.

What are the objectives of compulsory licensing?

The main purpose of Compulsory Licensing is as follows: To reward the patentees for their particular invention. So that the large population in developing and under developed countries can get easy access to pharmaceutical products particularly at a lower and affordable price.

What are the grounds for the issuance of a compulsory license for medicines?

Under the IP Code, public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy are sufficient grounds to grant compulsory licence.

What is compulsory licensing in regards to copyright?

Compulsory license is a statutory license that gives the liberty to use the copyrighted work without permission from the copyright owner. It is an exclusive right to do an act related to the copyrighted work. This is practiced whenever a copyrighted work is withheld from the public domain.

Which of the following industries are to be given compulsory licensing?

The industries requiring compulsory licensing are: Distillation and brewing of alcoholic drinks. Cigars and cigarettes of tobacco and manufactured tobacco substitutes. Aerospace and defense equipment.

What is compulsory licensing in India?

Compulsory license is an authorization granted by the Government to someone else i.e., a third party to produce a patented product without the consent of the patent owner who has been taking undue advantage of exclusive rights granted by patent.

Can compulsory license be granted in every situation?

“Compulsory Licensing” – Every Request For Compulsory License Will Not Be Granted And Special Powers Of The Government In Exceptional Circumstances – Intellectual Property – India.

When can a compulsory license be copyrighted?

The Court held that since a compulsory license can be granted on grounds stated in Section 31A of the Copyright Act, i.e., only when access to the work has been denied to the public. In this case, the license had already been granted to AIR and Radio City.

How many industries are under compulsory licensing?

5 industries
Under the Industries (Development & Regulation) Act, 1951, an industrial licence is required in respect of the following items of manufacture falling under the list of compulsory licensing (only 5 industries are in the list).

Which industrial policy abolished industrial licensing?

Since the inception of the New Economic Policy in 1991; India opened most of the sectors for the private players and industrial licensing has been abolished for almost all the industries except five.

When did India use compulsory licensing?

2012
In 2012, India’s first ever compulsory license was granted by the Indian Patent Office to Natco Pharma for generic production of Bayer Corp’s Nexaver® (Sorafenib Tosylate), a life-saving medicine used for treating liver and kidney cancer.

Who grants a compulsory license?

Under section 92(1) of Indian Patent Act, a compulsory license can be granted Suo moto by the Central Government in circumstances of: National emergency; or. Extreme urgency; or. In ease of public non-commercial use.