Compulsory licence of cancer drugs: patent vs. price

Cancer is one of the deadliest diseases, progressively affecting global populations and contributing to rising morbidity rates. A significant obstacle in oncology is enhancing patient access to expensive, life-saving cancer drugs unaffordable to their income. One of the reasons for the high price of cancer drugs is that these drugs are patented, allowing the pharmaceutical industry to rule the market for a limited period. Though patent law gives a monopoly to the patent holder, at the same time, it also provides the mechanism of compulsory licensing, which the states can deploy to make the drugs accessible in terms of availability as well as affordability. However, compulsory licensing has been used limitedly and for certain diseases only, it is necessary to utilise the mechanism for providing wider access to cancer drugs. The article aims to analyse the provisions of compulsory licensing under the TRIPS Agreement and the DOHA declaration and their importance in providing access to pharmaceutical drugs. It also aims to analyse the future role of compulsory licensing in providing access to cancer drugs in developing countries, especially India.