Breaking Barriers: How Compulsory Licensing in Indian Patent Law Unlocks Access to Essential Medicines

The patent protection regime in India provides compulsory licensing, which forms part of an effective attempt to strike the right balance between IPRs and the public interest when it comes to affordable and effective treatment for diseases.This paper aims to discuss the extent and effect of compulsory licensing in India its provisions and its application within the Indian legal framework as to the TRIPS Agreement, as well as the role of compulsory licensing in providing affordable medicines for citizens.Such provisions as "Section 84" and "Section 92" of the "Patents Act, 1970" serve as foundations for compulsory licensing as the mechanism that helps India tackle patents in certain conditions when drug prices become the cause of people's access denial.Using cases such as is Natco Pharma Ltd. v. Bayer Corporation; the paper shows how the judiciary has supported compulsory licensing and its usefulness in reducing the prices of essential drugs in the interest of accessing justice in the medical field.Besides, the paper discusses the ethical issues and economic consequences associated with compulsory licensing, the effects it has on the pharmacy sector, and the stimulation of innovations.Last, proposals like reducing the complexity of the application, bringing more clarity on royalties, and the use of TRIPS flexibilities are put as suggestions to build on the framework and foster the continued exercise of leadership in health equity in India.This paper therefore aims at offering a clear insight into compulsory licensing as a mechanism of guaranteeing public use of essential products such as medicinal products without prejudice to the rights of inventors and owners.