Pharmaceuticals Drugs And Compulsory Licensing In South East Asia: A Criticalanalysis

Abstract

In today’s context healthcare costs and limited access to essential medications to general masses have created many health related issues in south East Asian countries and also pharmaceutical is knowledge based Industries. Compulsory licensing, as mentioned in Indian patent Act, 1970, under section 84-92 that allows government someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself or in other words Government to authorize the production of generic versions of patented drugs, has emerged as a controversial yet potentially game-changing solution. This in-depth analysis delves into the complexities of compulsory licensing in the India and other related jurisprudence in south East Asian context. On the one hand, compulsory licensing holds immense promise for improving public health. By enabling the production at affordable generic alternatives, it can dramatically reduce the cost of vital medications, making them accessible to millions who currently struggle to afford them. This can be particularly life-saving for patients with chronic illnesses or those facing public health emergencies. However, the issue is not without its complexities. Pharmaceutical companies argue that compulsory licensing discourages research and development efforts. They point out that the high costs associated with drug development require patent exclusivity to recoup investments and incentivize further innovation. Weakening patent rights through compulsory licensing, they argue, could stifle the creation of new life-saving drugs in the long run.

This research doesn't shy away from these concerns. It explores real-world examples of  how south East Asian countries like

 Pakistan,Bhutan,srilanka,Thailand,Indonesia,Malaysia,Vietnam,Philippines have implemented compulsory licensing related jurisprudence analyzed both the successes and challenges that they've faced. It also examines alternative solutions and jurisprudence policy frameworks that might create a more balanced approach. Can compulsory licensing be structured in a way that ensures access to affordable medicines while still encouraging pharmaceutical companies to invest in R&D?

Ultimately, the analysis aims to shed light on whether compulsory licensing can be a win-win for both public health and innovation in south East Asia. By offering a nuanced and evidence- based exploration of this critical issue, the research hopes to contribute to effective policy solutions that prioritize both access to affordable medications and continued Advancements in life-saving drugs.