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Abstract

The provision of compulsory license as per the Indian Patent Act, 1970 provides a provision for a generic company to manufacture, market and sell the already patented drug without the approval from the innovator company. The compulsory licenses are granted on the basis of various factors like affordability and access ability of the drug, if the invention is nor workable in India or in national emergency cases so that the concerns of the innovator company in terms of recovery of the funds used to innovate the drug as well as of the population affected from life threatening disease in terms of affordability and accessibility. The present manuscript discusses the cases of compulsory license filed by different pharmaceutical companies from time to time and the future of the compulsory license in India.

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