Compulsory License to Green Technolgoy in India

The law on intellectual property rights is well designed, giving the author a remuneration by giving the creator the right to restrict the use of these works for a limited time on behalf of the contribution to society It is a deal. When the TRIPS Agreement came into effect in 1995, it introduced certain minimum protection standards provided by each WTO member country. In addition to allowing inventors to apply for patents on products and processes in all technical fields, TRIPS will require that Member States issue conditions by issuing compulsory licenses, especially to prevent patent abuse To limit the patent holder 's rights.

(Ii) Use of compulsory licenses 84: Compulsory licenses are statutory licenses, under certain conditions patent administrators can grant permission to third parties. Compulsory license under the patent system is an involuntary contract between a voluntary purchaser enforced by the government and an unwilling seller. Under compulsory licenses, the government allows others to manufacture patented products or processes without the consent of the proprietor of the patent. A compulsory license may be granted for the reasons stated in Article 84 of the 1970 Patent Act. (Ii) the patented invention can not be opened to the public at a reasonable and affordable price, or (iii) the patented invention is not applied to the territory of India; (i) the reasonable requirement of the public concerning the patent invention is not satisfied; However, the compulsory license is granted only three years after the grant date.

Compulsory licenses are for imported products. However, so far, compulsory licenses have not actually been issued, even though threats of compulsory licenses are used as a means of lowering prices. One danger of compulsory licensing is that it further hinders new drugs from competing against commercial research and development necessary for global epidemics. Another risk emphasizes using compulsory licenses to pursue a price level below a level that a particular country can support and to provide consumers in developed countries with financial incentives for drug innovation It is that. . Countries such as India and Brazil are beginning to use patents to manufacture products for local diseases and to develop inexpensive commercial pharmaceutical industry and patients in these countries can afford it.