Abstract

This paper analyses compulsory licensing evolution phases and sheds light on reasons behind development especially after trade related aspects of intellectual property rights (TRIPS) provisions. Without patents, the innovators can neither be adequately compensated for their costs of research nor be encouraged for further research to develop new and improved products. Patent protection is therefore accepted as a necessary evil, despite its conflict with the competitions laws and human rights law (in case of pharmaceutical patents). Prior to Doha declaration pharmaceutical companies were enjoying the monopoly right because of patent protection regime for manufacturing, sale, and import the products which result into high cost of the patented products. Doha Conference on November 14, 2001 forced many countries to amend their patent rights for the purpose of compulsory licensing. This increased cost on patented molecules was a major hindrance for access to medicine. Public health officials considered Doha Declaration on compulsory licensing a positive approach in prioritizing public health over intellectual property rights. (Jain, 2009)