COMPULSORY LICENSING IN GLOBAL HEALTH EMERGENCIES: BALANCING PATENT RIGHTS AND PUBLIC INTEREST

Abstract

In the context of global health emergencies,such as pandemicsandwidespread outbreaks,access to essential medicines andmedical technologies becomes a critical public health priority.Compulsory licensing—a legal mechanism that allowsgovernments to authorize the production or use of patentedproducts without the consent of the patent holder has emerged asa powerful tool for improving access to life-saving treatments.This paper explores the complex interplay between patent rightsand the public interest during health crises,with a focus on howcompulsory licensing can serve as a strategic response to urgentmedical needs while respecting international legal frameworks,such as the Agreement on Trade-Related Aspects of IntellectualProperty Rights(TRIPS)and the Doha Declaration.The analysisevaluates key case studies,including the use of compulsorylicenses during the HIV/AIDS crisis and the COVID-19 pandemic,to illustrate the practical implications and challenges ofimplementing such measures.The paper argues that whilecompulsory licensing is not a panacea,it is a vital policy optionthat should be more effectively integrated into global and nationalhealth emergency preparedness plans.The paper recommends abalance between protecting intellectual property rights andensuring equitable access to medical innovations among others.