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ISSN 2063-5346
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DOHA DECLARATION AND COMPULSORY LICENSING FOR PHARMACEUTICAL PATENTS: IMPLICATIONS ON PUBLIC HEALTH

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Rahul Mishra, Kiran D. Gardner
» doi: 10.48047/ecb/2023.12.si5.329

Abstract

As far as compulsory licensing is concerned; it is basically an act wherein the State can permit an individual or an organization of pharma sector companies to make full use of patented medicine stuff without taking the permission of the holder of such patent. The agreement on TRIPS and Doha declaration have made such viability of compulsory licensing possible. For the first time, we did find the advent of such formulation in the law book of Great Britain under its Statute of monopoly having sixteen hundred and twenty-three patents. Such concept of compulsory licensing on one hand gives more power to domestic manufacturers for creating such medical products including medicines whereas on the other hand it also makes it possible for the original holder of such patent to be incentivized for such utilization of his innovative invention. As of now, there are plenty of countries of developing nations as well as developed nations which have got such provision inducted into their domestic laws. Moreover, such obligations were earlier forbidden as authority authorizing third person to either create, utilize, or sell such an innovation without being permitted by the actual owner of such patent. Therefore, such stumbling blocks keeping in view the public health obligations undertaken by States have always been poles apart. The critical analysis has been done in this article by the researcher to find out the best practices which could make compulsory licensing a blessing in disguise for the developing nations

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