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
News & Updates
Nov 04, 2025

In a remarkable conclusion to one of India’s longest-running trademark disputes, the order authored by Justice Sanjeev Narula of the Hon’ble High Court

DELHI HIGH COURT BRINGS 25-YEAR “CELEBRATIONS” TRADEMARK DISPUTE TO A WHOLESOME CLOSE
News & Updates
Nov 02, 2025

Partner Litigation, Dhruv Anand, spoke to Times of India for its dive-deep article on ‘Stars v AI’ giving a 360 degree roundup of what actually makes

Stars vs AI: Dhruv Anand speaks to ToI about personality rights and the intent behind protecting them
Thought Leadership
Oct 22, 2025

‘First published on Lexology’ By: Pravin Anand, Vaishali R Mittal and Siddhant Chamola A. INTRODUCTION Standards‑essential patents (“SEPs”)

Interim Licences vs Anti Interim Injunctions: a Cross Border Stand Off
Thought Leadership
Oct 16, 2025

‘First published on Lexology’ By: Safir Anand and Omesh Puri The Office of the Controller General of Patents, Designs, and Trade Marks has issued a

Indian Trade Marks Office issues Office Order – Streamlining Registry Function