Abstract

In the wake of an ongoing pandemic, analyzing the contours of compulsory licensing is important. Compulsory licensing permits a person to reproduce a patented invention without obtaining authorization from the patent-holder. The Indian Patents Act, 1970 holds various provision in this regard which lays down the yardsticks for compulsory licensing. In case of an emergency the Central Government is empowered to grant compulsory licenses to tackle the issue. Covid-19 is one such emergency which require a grant of compulsory license on the vaccines. Article 3 of the TRIPS Agreement, which India is a signatory, recognizes the need for issuing compulsory license during emergencies. In this regard, compulsory licensing will pave way for affordable and universally accessible patented Covid-19 vaccines and other pharmaceutical inventions or processes, including the components and kits. Various countries such as Germany, Denmark, United Kingdom and Canada have incorporated the need for compulsory licensing in their legislations. In spite of several mechanisms in place to resolve this situation under the TRIPS Agreement, there are still major issues with respect to their effectiveness.

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