Compulsory Licences of Intellectual Property: A Survey

Tarun Jain, Supreme Court of India; London School of Economics & Political Science (LSE); National Law University, Jodhpur

8/13/2008
(Original Publish Date: 5/23/2008)

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.