Compulsory Licences of Intellectual Property: A survey
The Icfai University Journal of Intellectual Property Rights, Vol. VIII, No. 1, pp. 27-50, February 2009
35 Pages Posted: 23 May 2008 Last revised: 23 Mar 2009
Abstract
This paper analyses the provisions relating to compulsory acquisition under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). The approach of the paper is to analyse the obligations of the members under the Agreements in terms of the limitations and the safeguards to be adhered at the time of granting compulsory licences. A special segment is also devoted to the approach followed under the Indian intellectual property laws and the standards therein on grant of compulsory licences.
The chapterization is as under;
I. Introduction
II. Compulsory Licence before TRIPs: A survey of International Intellectual Property Conventions
III. Compulsory Licence under TRIPs
IV. Indian stand on Compulsory Licences: An Evaluation (a) Patents Act, 1970 (b) Copyright Act, 1957
V. Doha and Beyond: The future of Compulsory Licenses
VI. Conclusion
VII. Bibliography
Keywords: Compulsory licence, Intellectual Property, TRIPs Agreement, WTO, India
JEL Classification: K11, K20, K33, K39
Suggested Citation: Suggested Citation