A stormy discussion in the media and in society has recently evoked several topics - the future methodology for pricing medicines, compulsory licensing
and parallel imports.
The compulsory licensing
provision was proposed to be implemented immediately, pending establishment of the EMPP system, with the systems thereafter integrated.
Ever since India used the compulsory licensing
provision for a cancer drug, multinational pharma companies have been trying to get the government to commit to a no-use doctrine that UPA and NDA have so far resisted.
is enabled under four sections of the Indian Patents Act.
Insufficient Royalty Payments under Compulsory Licensing
Because of its potentially significant implications for consumer welfare, compulsory licensing
is one of the most controversial topics in intellectual property policy today.
US companies assert that the fear of compulsory licensing
is the primary reason why they are reluctant to launch new drugs in India.
on frivolous grounds can entail litigations, which could eventually lead to it being revoked.
Now, Aereo says that if that's the case, it should be allowed to retransmit signals under what's called a compulsory licensing
of patents has been provided under TRIPS Agreement as a legitimate safeguard to check abuse of monopoly and to deal with special situations of public health crisis.
and its Impact on Strength of IP
She examines this approach in the context of international trade and health (especially the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Agreement on the Application of Sanitary and Phytosanitary Measures, and the Agreement on Technical Barriers to Trade regimes), suggesting that a safety factor based on the precautionary approach can be accommodated into the TRIPS agreement to promote access to health technologies and address the dilemma of access to medicines during a public health emergency, particularly in the compulsory licensing
provision of the agreement.