Delhi High Court rules to invoke Compulsory licensing of drugs in the of wake of Covid-19
NEWS
Delhi High Court rules to invoke Compulsory licensing of drugs in the of wake of Covid-19
By Pallavi Paul
The Delhi High Court has asked the Central Government to invoke compulsory licensing of drugs to deal with the current Covid-19 situation if necessary. There are some other medicines used for the treatment of Covid-19 patients which are facing shortage in the market. The Court has asked the Government to immediately reach out to the manufacturers/ patent holders/ licensees of the medicines to ramp up production capacities of the same. The Patents Act, 1970 provides for Compulsory licenses under Section 84, Special Provisions for Compulsory Licenses or Notifications by
NEWS
By Pallavi Paul
Central Government under Section 92 and Powers of the Central Government to use inventions for purposes of the Government under Section 100. The interests of the patent holders should be kept in mind while exercising compulsory licensing as it is because of their hard work and inventions, medicines like this are made available to the public. The best solution would be to ramp up their production so that they are encouraged as well to grant voluntary licenses to other entities to manufacture the requisite medicines. In case such efforts are futile, the Government/Controller should invoke their jurisdiction and powers of compulsory licensing
PAGE 2/3
NEWS
By Pallavi Paul
to save the lives of people in the country due to Covid-19. On exercising such powers, the patent holders/manufacturers can be compensated as well by fixation of fair-licensing fee.
PAGE 3/3