Compulsory License to Green Technolgoy in India

778 Words2 Pages

The law relating to intellectual property is a carefully crafted bargain that rewards the creator by granting them certain time-limited rights to control the use made of those productions in lieu of their contribution towards the society. In 1995 when TRIPS Agreement came into effect it introduced certain minimum standards of protection to be provided by each WTO member. Besides allowing the inventor to claim patent on both product and process, in all fields of technology , the TRIPS also restricted the rights of patentee by allowing member countries to enact provisions, inter alia, for granting compulsory licence to prevent the abuse of patent right .

Compulsory Licence as defined by World Trade Organization, is when the authorities give licence to companies or individuals other than the patent owner to make, use, sell or import a patented product or process without the permission of the patent owner. TRIPS provide flexibility to member countries in formulating their laws to promote the public interest in sectors of vital importance to their socio-economic and technological development. Also, Article 31(b) of TRIPS provides that Compulsory Licence can be granted in the cases of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use, without the efforts being made by the proposed user to obtain the authorization from the right holder on reasonable commercial terms. TRIPS has recognized the countries’ freedom to determine what constitutes national emergency in their context.

Compulsory Licence: Indian Scenario

Section 84 of Indian Patent Act, 1970 lays down the grounds under which the application for the grant of compulsory licence can be made by any interested person after the...

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TRIPS Agreement, Article 27.1

TRIPS Agreement, Article 30 – 31

Glossary Term, Compulsory Licensing, accessed 8 February 2014

TRIPS Agreement, Article 8

Nitya Nanda, Diffusion of Climate Friendly Technologies: Can Compulsory Licensing Help, JOURNAL OF INTELLECTUAL PROPERTY RIGHTS 241 – 246 (2009)

MIPR 2013 (2) 97

World Bank, World Development Report 2010: Development and Climate Change. Washington D.C (2010)

Indian Network for Climate Change Assessment, India: Greenhouse Gas Emissions 2007, MINISTRY OF ENVIRONMENT AND FORESTS GOVERNMENT OF INDIA (May 2010)

Gupta, Rishi R., Compulsory Licensing in TRIPS: Chinese and Indian Comparative Advantage in the manufacture and Exportation of Green Technologies, SUSTAINABLE DEVELOPMENT LAW & POLICY 12, no. 3, 54-55 (2012)

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