In January, 2013, Ministry of Health & Family Welfare forwarded to this Department, minutes of the meeting of the Committee set up under that Ministry for invoking provisions of Compulsory Licensing
of Drugs in India in which it was recommended to put three drugs namely Herceptin, Dasatinib and Lxabepilone under Compulsory Licensing
as per the provisions of Section 92 of the Patents Act, 1970.
Now, Aereo says that if that's the case, it should be allowed to retransmit signals under what's called a compulsory licensing
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.
CII believes that the Supreme Court judgment denying Novartis a patent under section 3(d) of Indian Patents Act and Indian Controller General of Patent's decision invoking Compulsory Licensing
(CL) in favour of NATCO for producing Bayer's patented cancer drug have been done as per the provisions of Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement as India's patent laws are fully TRIPS compatible.
A SCOTTISH Government blueprint calling for compulsory licensing
and microchipping was unveiled last week in the wake of the Record's Stop the Danger Dogs campaign.
Moreover, while providing access to several ARV brands, the Brazilian government has historically threatened imposing compulsory licensing
to contain the costs associated with the purchase of HIV drugs, which it considers to be of public interest.
has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV.
60) Under a compulsory licensing
regime, third parties may
use of compulsory licensing
under the TRIPS Agreement.
Both Bayer and Novartis have launched strong challenges against India's compulsory licensing
of key drugs over the last 12 months.
It was the first use of compulsory licensing
under Indian patent laws passed in 2005.