Overview

Developing countries that seek to implement compulsory licensing face a crucial dilemma—between greater innovation and greater access. As long as inadequate and inequitable mechanisms to stimulate health research and development (R&D) exist, developing countries should be extremely cautious in undertaking measures, such as compulsory licensing, that could be detrimental to the development of new drugs.

In recent years, pharmaceutical products have attracted significant attention in terms of both patenting and compulsory licensing, primarily because of the pharmaceutical industry’s unique dependence on patents and the role the industry plays in public health. Patents play a significant role in fostering R&D investment for drug innovation, which has transformed the pharmaceutical sector into one of the largest contributors to R&D spending.

Tilleke & Gibbins considers the implications of compulsory licensing.

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