International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Issues of Patent Law in the Pharmaceutical Industry: An Analysis of Emerging Jurisprudence Regarding Compulsory Licensing

Author(s) Dr. Ram Prakash Chaubey
Country India
Abstract This abstract analyzes the persistent conflict between rewarding pharmaceutical innovation through patent protection and ensuring equitable access to life-saving medicines. It delves into the issues of patent law within the pharmaceutical sector, with a specific focus on the jurisprudence surrounding compulsory licensing. Compulsory licensing, a crucial flexibility under the TRIPS Agreement, is a government-sanctioned mechanism that allows third parties to manufacture a patented drug without the patent holder's permission under certain conditions. This paper examines significant legal precedents, with a primary focus on the landmark Indian case of Natco v. Bayer. This case established a critical benchmark for the application of compulsory licensing, particularly on grounds of unaffordability and the failure to work a patent in the country. The analysis highlights a consistent legal trend where courts and regulatory bodies, while upholding patent rights as a general principle, demonstrate a firm commitment to prioritizing public health. The jurisprudence has not only provided a viable legal recourse but has also had a broader deterrent effect, influencing innovator companies to adopt more reasonable pricing and consider voluntary licensing. In conclusion, the evolving legal landscape offers a robust and transparent framework for balancing intellectual property rights with societal welfare, providing a vital model for other nations to address similar challenges and ensure that innovation serves humanity without creating barriers to essential healthcare.
Keywords Patent Law, Compulsory Licensing, Pharmaceutical Industry, Public Health, TRIPS Agreement
Published In Volume 7, Issue 5, September-October 2025
Published On 2025-09-29
DOI https://doi.org/10.36948/ijfmr.2025.v07i05.56807
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E-ISSN 2582-2160
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