Abstract

This paper makes an effort to differentiate between the problems with the present-day legal system's use of compulsory licencing arrangements for pharmaceutical licences and to recommend the best way to resolve them without seriously jeopardising the objectives of the holders, especially in developing countries. The major focus of the paper is on the acceptance of compulsory patent licencing, which can address the issue of drug affordability and accessibility in some developing nations. Unless otherwise noted, "developing countries" includes Least Developed Countries (LDCs) as well. While the Trade Related Aspects of Intellectual Property Right Agreement provisions that can facilitate poor countries' access to medicines are equally pertinent to the subject of compulsory licencing of patents in this study. In a nutshell, it emphasises in especially the measures meant to clarify compulsory licensing. Additionally, the study covers Trade Related Aspects of Intellectual Property Right Agreement provisions that do not specifically address compulsory licencing of patents but may nonetheless have an influence on patients' access to drugs. Additionally, the evolution of patents throughout different nations is examined, with a focus on drug patents. Along with a study of the practises and effectiveness of compulsory licencing in developing countries generally and India in particular, the Trade Related Aspects of Intellectual Property Right regime, which was imposed by rich nations and supported by MNCs to restrict the use of compulsory licencing by nations that are developing, is also examined. The goal of this paper is to investigate the different situations where rich countries and multi-national corporations (MNCS) apply pressure on developing nations to support their monopolistic patent system in the pharmaceutical business.

Keywords