Topic > Compulsory Licensing Case Study - 844

Prospects of Compulsory LicensingCL has several guaranteed prospects, including its impact on the economy, innovation, competition, market and drug development strategies.CL in countries developed versus developing countriesIt was stated in the WTO report also, CL has been explored mostly in developed versus developing countries. Giving an example, Malaysia relies more on drug import from Indian generic companies despite compulsory licensing and well-tweeted India has CL subsidy so far and the case is same for all other countries. The reason is that developed countries are more interested in innovation, and the patent strategy of developed countries, including the United States, Europe, etc., emphasizes the concept of increasingly greener through incremental patenting.[7]S No. Number Country of CL1 Canada 6132 US 15003 United Kingdom 1004 Germany 125 Israel 16 Australia 07 South Africa 08 India 1Table1: Number of CLs supplied to countries after 1977 Impact of CL on InnovationIt has been controversially cited that forced permission to evaluate the patent by means of CL would lead to the decrease of the patent holder's interest in innovation and R&D[6]. But the research conducted and articles reported evaluate that companies that have faced CL or companies that should face it, are working more efficiently on innovation through their research and development so as to compete with their peers and also work more about innovation. for recovery.CL on competitionCL ensures fair competition to companies for the benefit of consumers where intellectual property protection provides monopoly to the patent holder, the CL ensures fair competition between patent holders and generic companies with... half of the paper ...mandatory licensee and further improvement of the drug. The case can be understood as the conflict between innovation and necessity in which the price of innovation can be established on the basis of spending on research and development, orphan drug membership and guarantees, clinical trials and marketing of the drug, as well as maintaining the cost of the patent, which may therefore conflict with the need for the drug for patients to whom the drug should ethically be available. The post-2005 regime attracted the interest of various multinational companies who decided to protect their innovative drug in India too. This flooded high-priced, non-commercial drugs in Indian patent registers, but non-commercial in Indian markets as Indian generic drug companies were excluded from the subsidy. Necessity makes compulsory licensing available in the Indian patent system