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, Thought Leadership
May 19, 2026

First published by Asialaw. Authors: Prachi Agarwal and Medha Singh Introduction: Copyright law, particularly in the domain of literary works, grapples

Copyright in Literary Works: When themes converge but expressions diverge
News & Updates, Thought Leadership
May 08, 2026

First published by Asialaw. Authors: Safir Anand and Ritu Bhargava India’s online gaming sector has entered a decisive new phase. With the Government’s

A New Era for Digital Play: India’s Online Gaming Regulator Comes into Force
News & Updates, Thought Leadership
May 06, 2026

First published by Lexology. Authors: Safir Anand and Rashi Chandhoke In recent years, the intellectual property (IP) ecosystem has undergone a significant

India Waives IP Filing Fees for Sports Sector
Thought Leadership
Apr 30, 2026

First published by SpicyIP. By: Lakshmidevi Somanath India’s trademark register is quietly bleeding value. Each year, marks with real commercial recall

Dead Marks, Live Assets – The Case for a Registry Supervised Auction of Lapsed Trademarks in India