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2 Jus Corpus L.J. 69 (2021-2022)
Compulsory Licensing under Indian Patent Law

handle is hein.journals/juscrp2 and id is 2962 raw text is: Jus Corpus Law Journal Open Access Law Journal - Copyright © 2022 - ISSN 2582-7820 Editor-in-Chief - Prof. (Dr.) Rhishikesh Dave; Publisher - Ayush Pandey This is an Open Access article distributed under the terms of the Creative Commons Attribution- Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited. Compulsory Licensing under Indian Patent Law Uday Ananda aSymbiosis International University, Pune, India Received 16 February 2022; Accepted 01 March 2022; Published 04 March 2022 Intellectual Property Rights offer protection to the creator of a particular work from the misuse and/ or copying of their work. The basis for the protection so granted is to allow the creator to gain commercial benefit through their work which they have invested considerable time, money, effort, creativity, etc. in creating. This is done to compensate creators for their creative work and to incentivise people to create intellectual propery. The intellectualproperty though leads to commercial gain for the creator, its ultimate benefit is reaped by the society. Intellectual property aids in the advancement of sociey and as such certain limitations are imposed on the protection offered to Intellectual Property. One such limitation concerning patents is referred to as compulsoy licensing. Under this regime the Controller General of Patents can under various grounds, the primay one being the benefit of society can license a patented invention to a third pary so that it may work upon and produce the invention within the country. The compulsoy licensing regime under Indian Patent Law has been analysed in the present article. Keywords: licensing patent, WIPO. INTRODUCTION The World Intellectual Property Organisation defines a Patent as an exclusive right granted to an inventor for their invention which is either a product or a process that introduces and establishes a novel manner of performing a particular task or provides a novel technical solution to an existing problem. A patent gives to the inventor an exclusive right to 69

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