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Compulsory licensing of patents in India
1Lall Lahiri & Salhotra - Law Firm, RCY House C-235, Defence Colony, New Delhi 110024, India.
Abstract:
This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. This article further discusses the procedure followed by India in granting a compulsory license, provides an overview of compulsory license applications filed in India to date and judicial precedence regarding the same. This article also highlights how compulsory licensing is a great safeguard that balances the interests of the innovators and the public at large.
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