Compulsory licensing : India's maiden experience

In the battle between patents and patients, this paper details the first attempt by the Indian patent system to strike a balance between the innovator’s legal and economic rights and the public interest policies of the Government, whereby it granted its first compulsory license to a domestic company for manufacturing and selling a generic version of an anti-cancer drug. Although this action was contested at the Intellectual Property Appellate Board, the final decision was in favor of the issuing of the compulsory license. Possible implications for various stakeholders are reasoned out through a cost-benefit analysis approach