The Utilization of Compulsory Licensing by Government of India, Scrutinizing its Compliance with International Laws and Domestic Public Health Policies.

T.R.I.P.S., to protect the right of an inventor act has provisions under which an inventor can register his Invention and enjoy monopoly for next 20 years.But when it comes to social welfare its clearly mentioned in our constitution that India is a Socialist State.Under the Patent Law 1970 there is a provision of compulsory licensing.Which means government can anytime after 3 years of the issuance of Patent can grant compulsory licensing for the welfare of the society.we are discussing Compulsory licensing in this Paper, and in the world of Pharmaceuticals compulsory licensing is often used.From the perspective of a Pharma Company it's a loss-making deal because the money pharma companies have invested in R&D is in millions and some times its in billions.If compulsory license is issued then same Drug/ Medicine will be manufactured by other pharma companies.This will increase the supply of drug in the market and reduce the price.And Pharma companies may never be able to recover the principle amount they invested in R&D.In the case of Natco v Bayer, court ordered Natco to pay 6% of profit share as a royalty to Bayer.And with the perspective of Government and Society Compulsory Licensing is like a magic spell.A spell which can be used to turn laws 360 degree.As this provision will force Government to avail any drug at very low price.that will save the pocket of the society and they will be able to use that money somewhere else.Law on Patent Protects the Rights of the Patent holder and Article 38 of Indian Constitution protects the Rights of the society by promoting duty of state to maintain a socialist state.