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.
Unit V · Intellectual Property Law
TRIPS flexibilities and Indian implementation
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| 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 |
Landmark cases
India — Patent Protection for Pharmaceutical and Agricultural Chemical Products (United States)
WT/DS50/AB/R (1997) · WTO Appellate Body
India's mailbox/exclusive-marketing-rights regime was found inconsistent with TRIPS Articles 70.8 and 70.9.
F. Hoffmann-La Roche Ltd. v. Cipla Ltd.
2009 (40) PTC 125 (Del) · Delhi High Court
Public interest in access to a life-saving drug weighed against interlocutory patent injunction in a pharmaceutical dispute.