Q. With reference to compulsory licensing (CL), consider the following statements:
1.The TRIPS Agreement of WTO does not have any provision related to compulsory licensing.
2.Despite having a provision, India so far never issued a compulsory license for drugs.
Which of the above statements is/are correct?
Answer: D
Notes:
Both statements are incorrect.
- Articles 31(f) of the TRIPS Agreement provides for a compulsory license. Under this, the government can issue a license to make use of a patent without the patent holder’s consent.
- But, this drug can be used only for the supply of the domestic market. So the government cannot export the patented product.
- For example, In 2012, India permitted generic production of Bayer Corporation’s Nexavar. This drug was used for the treatment of Liver and Kidney cancer.
- Similarly, South Africa permitted the generic production of Anti-Retroviral Drugs used in HIV treatment.
