TITLE

Compulsory Licenses Under Trips and Its Obligations for Member Countries

AUTHOR(S)
Jain, Tarunz
PUB. DATE
February 2009
SOURCE
ICFAI Journal of Intellectual Property Rights;Feb2009, Vol. 8 Issue 1, p27
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The present status of the compulsory license is reached after evolving through a longer period and referred in various conventions relating to intellectual property rights such as the Rome Convention, Paris Convention and Berne Convention etc., though the concept existed even before. Article 31 of the TRIPS Agreement envisages the concept of compulsory license more comprehensively and lays down the process. It defines certain specific conditions for the grant of compulsory license, duration of license, and obligations of the member countries towards grant and use of the compulsory license. It also provides for the judicial review or other independent review to test the legal validity of any decision relating to the authorization. The concept of compulsory license is also inserted into the Indian Patent Act, 1970 by way of an amendment in 2005.
ACCESSION #
36350166

 

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