Skip to main content

Parties can apply for a compulsory licence in India on several grounds, including that the invention is not worked in the country. Neeti Wilson explores.

2015 marks a decade since product patents in the area of pharmaceuticals have been allowed in India. Generic pharma companies have finally accepted that such patents are here to stay. Pharma product patents are being opposed before the Indian Patent Office (IPO), are the subject of revocation actions before the Intellectual Property Appellate Board (IPAB) and of compulsory licences (CLs), and are being litigated for infringement (more recently we have seen settlements out of court).

Indian patent law, including CL provisions, is TRIPS Agreement-compliant. There is also a specific CL provision for the export of patented pharma products to least developed countries or countries with no manufacturing capacity, based on paragraph 6 of the Doha Declaration. It is pertinent to note that the statute does not distinguish between technological areas of inventions for CLs, but the recent trend indicates CL activity is only in the pharma sector.

This article was published in Life Sciences Intellectual Property Review 2015.

Read more

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Jul 13, 2025

‘First published on Lexology’ By: Sehr Anand When Jane Birkin’s Birkin, the first ever Birkin bag crafted and designed by Hermès hit the auction

Signed, Sealed, Birkin: When Intellectual Property Meets Iconic Fashion
Thought Leadership
Jul 02, 2025

‘First published on WTR’ By: Safir Anand In summary This article explores the new IP Reforms 3.0 initiative in India and various developments in the

Promising reform aims to modernise IP management and protection in India 
Thought Leadership
Jun 28, 2025

‘First published on WTR’ By: Saif Khan and Prajjwal Kushwaha Legal framework Trademarks Act 1999 The Trademarks Act is the parent statutory regulation

India: lack of court harmonisation in tackling emerging online infringement threats underscores need for further case law
Thought Leadership
May 29, 2025

‘First published on Lexology’ By: Sandhya Singh, Sampada Kapoor and Kritika Gandhi Trademarks play a pivotal role in distinguishing the goods or services

Heir of the Family Trademarks