COMPULSORY LICENSE IN LIGHT OF INDIAN PATENT PERSPECTIVE

Author : Sanjaykumar Patel

Page Nos : 51 - 55

Abstract :

The compulsory license is defined as an involuntary license between a willing licensee and an unwilling licensor, imposed and enforced by the controller of patents. Compulsory license is a very effective legal tool which can allow the third parties to produce and manufacture the intellectually protected product or process at reasonable cheaper price. Till date, healthcare or pharmaceutical sector is the only sector of interest for the compulsory. Very recently India has also joined the list of such countries after the grant of first compulsory license to M/s Natco for producing Nexavar® (Sorafenib Tosylate) which is patented by M/s Bayer. The very main purpose of the compulsory license is to prevent the patentee from abusing intellectual right and to rectify the unfair trade practice and to consider the easy availability of the basic health need of the society at reasonable affordable price. Department of Industrial Policy and Promotion (DIPP) initiated the thought process of issuing compulsory licenses for Herceptin® (Trastuzumab) which is used in the treatment of breast cancer, Ixempora® (Ixabepilone) which is used in treatment of chemotherapy and Sprycel® (Dasatinib) which is used in treatment of leukemia. The present review gives an overview about the compulsory licensing aspects pertaining to India.