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Published on:16 Nov 2013
Indian Journal of Pharmaceutical Education and Research, 2013; 47(3):26-30
Pharmaceutical Education | doi:10.5530/ijper.47.3.5

Current Scenario of Patent Act: Compulsory Licensing


Authors and affiliation (s):

Harish Chander, Vaibhav Choudhary and Vikas Kumar
B-4530, Gali No.-110, Sant Nagar, Burari, Delhi, India-110084.

Abstract:

Process of compulsory licensing glared after the Doha declaration. Doha declaration explored the way for compulsory licensing around the globe and also insisted that TRIPS agreement does not and would not prevent any member from taking measure to protect public health. After Doha Declaration many countries aggressively amended their patent regime for purpose of compulsory licensing. Compulsory license can be issued to a generic company on different grounds to fulfll the patient need and to improve quality of life. Before Doha declaration, big pharmaceutical companies are continuously taking the advantages to earn money by sustaining monopoly because of the rigid patent protection. The higher cost of patented molecules had been a major hindrance, limiting its affordability and accessibility to millions of patients mainly for the developing countries. Compulsory licensing had opened the way for the developing countries to fulfll their health’s desires at affordable prices. This review article will provide brief insight into the past and present scenario of compulsory licenses issues related to patent around the globe, with special emphasis on India.

 

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The Official Journal of Association of Pharmaceutical Teachers of India (APTI)
(Registered under Registration of Societies Act XXI of 1860 No. 122 of 1966-1967, Lucknow)

Indian Journal of Pharmaceutical Education and Research (IJPER) [ISSN-0019-5464] is the official journal of Association of Pharmaceutical Teachers of India (APTI) and is being published since 1967.

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IJPER uses reference linking service using Digital Object Identifiers (DOI) by Crossref. Articles from the year 2013 are being assigned DOIs for its permanent URLs