Landmark case · Intellectual Property Law · Semester 4

Bayer Corporation v. Union of India

2014 SCC OnLine Bom 1250 · Bombay High Court

Section 84 compulsory licensing was treated as consistent with TRIPS Article 31 when reasonable requirements of the public were unmet.

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Related sections:

Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994, 7–8 — Objectives and principles
Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994, 27 — Patentable subject-matter
Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994, 31 — Other use without authorisation of the right holder
Patents Act, 1970, 84 — Compulsory licences as a TRIPS flexibility