[Ip-health] India ​Clarification on Media Reports regarding Compulsory licence

Jamie Love james.love at keionline.org
Tue Mar 22 12:09:35 PDT 2016

​The Modi government pushes back on claims it had a deal on compulsory
licenses, but the proof will be in the pudding.   When compulsory licenses
are granted, we will know that they are actually willing to enforce the
statute that requires that products be "reasonably affordable" in India,
and that other public interest provisions in the India patent law have
meaning for people living in India.


Clarification on Media Reports regarding Compulsory licence
March 22, 2016

There have been recent media reports that the Government of India has
privately assured that it will not issue any more compulsory license. It is
hereby clarified that such reports are factually incorrect. In this regard,
it may be noted that India has a well-established TRIPS compliant
legislative, administrative and judicial framework to safeguard IPRs. Under
the Doha Declaration on the TRIPS Agreement Public Health, each member has
the right to grant compulsory licenses and the freedom to determine the
grounds upon which such licenses are granted.

Even as Government of India is conscious of the need to spur innovation and
protect individual rights, it retains the sovereign right to utilize the
flexibilities provided in the international IPR regime It may be noted that
to date, there has been only one case of compulsory license in India and
that too after a well-thought out and laid down process, which was
subsequently upheld right up to the highest Court of the land.

(Release ID :138271)

James Love.  Knowledge Ecology International
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love

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