Compulsory Licensing under Indian Patents Act

Abstract

Patents in India are granted for encouraging the inventions on a commercial scale. Patent Act by way of inserting the provision of compulsory licensing contemplated that the patents do not obstruct the protection of public health and nutrition. Thus, the compulsory licensing serves in two ways-firstly by giving pleasure to the patentees for their invention by way of royalty and secondly, by making the patented products available to the public at a large at an affordable and cheaper cost.  In the present paper, the author highlighted the process of granting compulsory licenses as per the Patents Act, 1970. Simultaneously, the emphasis has been given on the compulsory licensing in the pharmaceutical products in India along with a few suggestions.