Compulsory Licensing for Patented Medicines:

A Comparative Legal Analysis of India, Brazil and Thailand

Van Anh Le and Mark Hyland

 

ABSTRACT: This article aims to examine the legal regime of compulsory licensing in light of the TRIPS Agreement and re-evaluate its effectiveness in widening access to medicine in developing countries. It provides a fascinating insight into the use of this mechanism in Brazil, Thailand, and India as their practice has had a sizeable impact on access to medicine discussion which makes them appealing case studies. This work concludes that in India, compulsory licences have mainly served its thriving pharmaceutical industry while in Brazil and Thailand, They were used to respond to their national health needs.