Compulsory licensing

Compulsory Licenses Won’t Solve a Healthcare Crisis

A great article by Dr. Kristina Lybecker, Associate Professor of Economics at Colorado College, published in IP Watchdog on the battle for health in India and the TRIPS Agreement.
"The compulsory licensing provisions of the Doha Declaration on the TRIPS agreement and public health have the potential to save lives and protect public health. However, to deliver on this potential the provisions must be used responsibly. Specifically, the interpretation of ‘national emergency’ should adhere to both the text of the declaration, as well as its intent.

Evolving Indian patent trends and their implications for patients around the world

By Pravin Anand and Archana Shanker.
Intellectual Property cases in India have witnessed an exponential growth in the last 10 years with the increase in infringement actions before the High Courts and the plethora of decisions rendered by the Intellectual Property Appellate Board (IPAB), especially with respect to pharmaceutical patents. These decisions have ramifications for patients in India and around the world, and it is becoming increasingly clear that a top-down reform of the entire system is necessary. To protect the intellectual property of innovators and ensure the latest life-saving medicines are able to reach the Indian patients, India’s patent system must begin to reflect established international norms. Indeed, the rapid increase in cases where patents are revoked, denied or otherwise infringed upon sets a dangerous precedent that could effectively bar new pharmaceuticals from being approved in India, as innovators become increasingly wary that their intellectual property could simply be expropriated without proper compensation.

Denial of a Permanent Injucation Against Patent Infringement is Not a Compulsory License

Since the Supreme Court’s decision in eBay, Inc. v. MercExchange, L.L.C., U.S. courts have changed the process by which they determine the propriety of injunctive relief against an adjudicated infringer. Before eBay, permanent injunctive relief was a standard remedy for a patentee and was awarded as a matter of course. However, in eBay the Supreme Court instructed that in determining whether injunctive relief is an appropriate remedy for patent infringement, courts must use the same four-factor test that is used in considering injunctive relief in non-patent cases. This paper examines the ways in which courts have undertaken the newly-required eBay test and the factors courts have considered in determining whether injunctive relief is appropriate.

Promoting access and affordability of healthcare in India

An interesting article from Bio Spectrum magazine based on the 3rd annual BIO India conference, in which participants agreed that compulsory licensing was not an effective means of promoting access or affordability of healthcare as they would broadly undermine incentives for companies and individuals to innovate in India.

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