- Compulsory Licensing: Allows a government to permit someone else to produce a patented product or process without the patent owner’s consent.
- Public Health:
- Provides a remedy to high prices of branded drugs.
- Allows generic manufacturers to produce affordable versions of drugs.
- Increases availability of essential medicines in the market.
- Crucial for public health, especially when drugs are not supplied or are unaffordable.
- IPR Protection:
- The compulsory license holder must still pay royalty to the patent owner.
- This acknowledges the patent owner’s right to remuneration for their invention.
- It is a reasonable restriction on patent rights, not an outright denial.
- It is allowed under TRIPS to prevent abuse of patent rights.