Compulsory Licensing of Patented Drugs Under National Emergency

Patent protection to pharmaceutical products by the TRIPS Agreement had made serious concerns in the developing countries regarding accessibility, availability and affordability of life saving drugs. TRIPS Agreement, at the same provided flexibilities to the member countries to even off the adverse effects of pharmaceutical patent system especially in cases involving public health. National emergency, being such flexibility allows member countries to invoke compulsory license for accessing life-saving drugs in cases of national emergency without any pre-conditions. By the Doha Declaration the freedom is also vested upon the individual countries to define the term ‘national emergency’. This triggers apprehension among the patentees about the abuse of such wide discretion by these countries. But these concerns are found negative by the analysis of case studies of compulsory license issued on national emergency. Countries are very cautious while invoking this provision.