Current Scenario of Patent Act: Compulsory Licensing

Process of compulsory licensing glared after the Doha declaration. Doha declaration explored the way for compulsory licensing around the globe and also insisted that TRIPS agreement does not and would not prevent any member from taking measure to protect public health. After Doha Declaration many countries aggressively amended their patent regime for purpose of compulsory licensing. Compulsory license can be issued to a generic company on different grounds to fulfill the patient need and to improve quality of life. Before Doha declaration, big pharmaceutical companies are continuously taking the advantages to earn money by sustaining monopoly because of the rigid patent protection. The higher cost of patented molecules had been a major hindrance, limiting its affordability and accessibility to millions of patients mainly for the developing countries. Compulsory licensing had opened the way for the developing countries to fulfill their health’s desires at affordable prices. This review article will provide brief insight into the past and present scenario of compulsory licenses issues related to patent around the globe, with special emphasis on India.