ISSN2320-2882
Impact Factor9.17
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CrossRefDOI
ESTD2013
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Paper Title
A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM
Authors
K Sivamathi
Keywords
Compulsory Licensing, Patent Law, TRIPS Agreement, Doha Declaration, Public Health, Access to Medicines, Indian Patents Act, Intellectual Property Rights, Innovation, Affordable Drugs, Section 84, Section 92, Section 92A.
Abstract
Compulsory licensing is a pressure-release valve in patent law: it protects incentives to invent while making sure people can actually get the technologies they need--especially life-saving medicines when it matters most. Anchored in article 31 of trips and underscored by the 2001 doha declaration on public health, it lets governments authorize use of a patent without the owner's consent, but only under clearly defined safeguards. This paper maps the global rules that shape compulsory licensing and shows how india puts them to work through the patents act, 1970--focusing on sections 84, 92, and 92a--using a doctrinal lens alongside comparative insights. Drawing on touchstone examples like natco pharma ltd. V. Bayer corporation and the canada-rwanda apotex route, it demonstrates how india and other countries leverage trips flexibilities to bring medicine prices within reach. The takeaway is straightforward: compulsory licensing isn't a loophole in patent law--it's a built-in flexibility--and it works best when processes are transparent, royalties are fair, and countries coordinate across borders to balance innovation with equitable access.
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IJCRT — journal style
"A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM", IJCRT - International Journal of Creative Research Thoughts (www.ijcrt.org), ISSN:2320-2882, Vol.14, Issue 3, page no.g837-g843, March 2026, Available :https://ijcrt.org/papers/IJCRT2603823.pdf
APA — 7th edition
Sivamathi, K. (2026). A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM. International Journal of Creative Research Thoughts, 14(3), g837-g843. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823
MLA — 9th edition
Sivamathi, K. "A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM." International Journal of Creative Research Thoughts, vol. 14, no. 3, 2026, pp. g837-g843, https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823.
Chicago — 17th, bibliography
Sivamathi, K. "A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM." International Journal of Creative Research Thoughts 14, no. 3 (2026): g837-g843. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823.
Harvard — author–date
Sivamathi, K. (2026) 'A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM', International Journal of Creative Research Thoughts, 14(3), pp. g837-g843. Available at: https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823
IEEE — numbered reference
K. Sivamathi, "A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM," IJCRT, vol. 14, no. 3, pp. g837-g843, Mar. 2026.
Vancouver — biomedical
Sivamathi K. A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM. IJCRT. 2026 Mar;14(3):g837-g843.
AMA — 11th edition
Sivamathi K. A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM. IJCRT. 2026;14(3):g837-g843. Accessed at https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823
BibTeX — Zotero, Mendeley, LaTeX
@article{IJCRT2603823,
author = {K Sivamathi},
title = {A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM},
journal = {International Journal of Creative Research Thoughts},
volume = {14},
number = {3},
pages = {g837-g843},
year = {2026},
month = {March},
issn = {2320-2882},
url = {https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823}
}
RIS — EndNote, RefWorks
TY - JOUR
AU - Sivamathi, K
TI - A STUDY ON THE COMPULSORY LICENSING MECHANISM UNDER THE PATENT SYSTEM
T2 - International Journal of Creative Research Thoughts
JA - IJCRT
VL - 14
IS - 3
PY - 2026
SN - 2320-2882
UR - https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823
SP - g837-g843
ER -
Issue
Volume 14 Issue 3,
March-2026
Pages : g837-g843
Article Information
- Pages
- g837-g843
- Published
- March 2026
- Registration ID
- IJCRT_297196
- Published Paper ID
- IJCRT2603823
- Research Area
- Others area
- Author Type
- Indian Author
- Location
- MAYILADUTHURAI, TAMILNADU, India
- Peer Review
- Request Peer Review Report
- Licence
- CC BY 4.0 · Open Access
- ISSN & Impact Factor
- 2320-2882 · IF 9.17
- Downloads
- 230
- Permanent Link
- https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603823
- Published Paper PDF
- https://ijcrt.org/papers/IJCRT2603823.pdf
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The authors would like to thank the reviewers and the editorial board of International Journal of Creative Research Thoughts for their careful reading and constructive comments, and all colleagues who supported the preparation of this manuscript.
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