Production Of A Patented Product Without Consent Of The Patent Owner And Indian Health Policy

Compulsory licensing – when a government allows the production of a patented product without consent of the patent owner – a flexibility built into the World Trade Organizations agreement on intellectual property, the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Trade-Related Aspects of Intellectual Property Rights (TRIPS), is one route governments can take to promote access to patented products for which availability is limited. Countries are free to determine the grounds for granting compulsory licenses, which might include lack of registration or in some cases, exorbitant price.

In recent years, developing countries have faced pressure when negotiating Free-Trade Agreements (FTA) to implement more restrictive patent laws under TRIPS-Plus, including provisions that limit the use of compulsory licenses and restrict generic competition. In April 2013, the Global TB…