Page 131 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Small patents encourage new inventors while balancing conflict
of the rights. Impartial and active contribution of the World Health
Organization plays a major role to sequester COVID-19 pandemic.
Not only that, Voluntary Licenses also an effective alternative way
to address national emergency occasions. Voluntary Licensing has
become a key to access to medicines and vaccines during COVID-19
period. Through voluntary licenses which are private contracts,
pharmaceutical companies can specify the conditions under which a
generic version of a proprietary drug may be made available from other
vendors. It emphasizes how crucial it is to carry out and interpret the
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Agreement on Trade-Related Aspects of Intellectual Property Rights
in order to improve public health by encouraging access to current
medications as well as research and development of new medications.

‘Compulsory License’ allows a third party or the government to use a
patented invention for a royalty or fee, when the owner is unwilling to
work the invented product or to satisfy unmet demand from the public.
Compulsory Licenses reduce the unreasonable price of the medicine
and health products for the public benifit. The use of forced licensing
is permitted by the TRIPS Agreement. A government agency or third
party may get a license to utilize a patented invention by compulsory
licensing from a competent body without the patent holder’s consent.
The Agreement’s Article 31 lays out certain requirements for the issuance
of compulsory licenses. Where compulsory licenses are granted to
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address a national emergency, certain requirements are waived in order
to hasten the process, such as prior negotiations with the patent holder
to reach reasonable terms. The right to grant compulsory licenses, the

31 Baker, Brook K., A Sliver of Hope: Analyzing Voluntary Licenses to Accelerate Affordable
Access to Medicines (February 13, 2018). Northeastern University Law Review, Vol. 10,
No. 2, pp. 226-315 (2018), Northeastern University School of Law Research Paper No. 314-
2018, Available at SSRN: https://ssrn.com/abstract=3123108 accessed on14th May 2024
32 Where the law of a Member allows for other use7 of the subject matter of a patent without
the authorization of the right holder, including use by the government or third parties
authorized by the government,the following provisions shall be respected:
(h) The right holder shall be paid adequate remuneration in the circumstances of each case,
taking into account the economic value of the authorization
law.faculty@kdu.ac.lk
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