IJSSH 2013 Vol.3(3): 254-258 ISSN: 2010-3646
DOI: 10.7763/IJSSH.2013.V3.239

Pros and Cons of Compulsory Licensing: An Analysis of Arguments

Muhammad Zaheer Abbas
Abstract—Patents provide monopoly rights to patent owners to manufacture, sell, and import the product resulting in overpricing of the patented products. Without patents, the inventors and innovators can neither be adequately compensated for their costs of research nor be encouraged or motivated 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). This work analyzes arguments of both opponents and proponents of compulsory licensing which is a legitimate safeguard provided under TRIPS to check misuse of monopoly right and to deal with situations of public health crisis especially in the third world.

Index Terms—Access to drugs, compulsory licensing, pharmaceutical patents, TRIPS flexibilities.

Muhammad Zaheer Abbas is a PhD Scholar and Research Associate at the Department of Law, Faculty of Shariah & Law, International Islamic University Islamabad, Pakistan (e-mail: m.zaheer@iiu.edu.pk).

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Cite:Muhammad Zaheer Abbas, "Pros and Cons of Compulsory Licensing: An Analysis of Arguments," International Journal of Social Science and Humanity vol. 3, no. 3, pp. 254-258, 2013.

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