The dearth of recent compulsory licenses out of India has led to speculation that the Government has made an agreement not to issue such licenses.
On reviewing submissions for the Office of the United States Trade Representative’s upcoming 2016 Special 301 Review, several industry documents confirm that such an agreement exists.
The submission by the United States Chamber of Commerce’s Global Intellectual Property Center states:
“Industry continues to be concerned by the potential threat of compulsory licensing. While the Government of India of India has privately reassured Industry that it would not use Compulsory Licenses for commercial purposes, a public commitment to forego using compulsory licensing for commercial purposes would enhance legal certainty for innovative industries.”
The submission by the U.S.-India Business Council refers to a similar agreement:
“Despite compulsory licensing denials, Industry continues to be concerned by the potential threat of compulsory licensing. The Government of India has privately reassured [Industry] it would not use Compulsory Licenses for commercial purposes. USIBC would be further encouraged if the Government of India made a public commitment to forego using compulsory licensing for commercial purposes and in public emergencies only, which would greatly enhance legal certainty for innovative industries.”
KEI will be testifying at the Special 301 Hearing tomorrow, March 1 2016.