VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 6 No. V (2023)pp. 403–411

Impact of Compulsory Licensing in Developed and Developing Nations

UK
Udit KumarStudent at Presidency University, India
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Published 10 September 2023 · pp. 403–411 · Vol. 6 No. V (2023)
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
Trade Related Aspects of Intellectual Property Right (TRIPS)compulsory licensing (CL)developing nationsdrugs and MNCS

How to cite

Udit Kumar, Impact of Compulsory Licensing in Developed and Developing Nations, 6 Int'l J. L. Mgmt. & Human. 403 (2023).

Cite this article

Udit Kumar, Impact of Compulsory Licensing in Developed and Developing Nations, 6 Int'l J. L. Mgmt. & Human. 403 (2023).
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