Compulsory Licensing of Pharmaceutical Patents in Pakistan Patent Ordinance

Journal: Trends in Intellectual Property Research

Publication: 2025-02-13 · Vol. 2 No. 2

DOI: 10.69971/tipr.2.2.2024.28

Abstract

In Pakistan, access to affordable medicines is a critical challenge due to high disease burdens and exorbitantly priced patented drugs that leave millions without essential healthcare. Compulsory licensing (CL) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides a legal mechanism for the production or importation of generic versions of patented medicines to ensure their affordability and availability. This article considers how CL can be used as one avenue to begin bridging the gap between intellectual property rights (IPRs) and public health imperatives in Pakistan. The study focuses on the prevailing health-related condition of both high prices for patented medicines and healthcare expenditure by out-of-pocket expenses. Under this context, it evaluated the compulsory licensing regime in Pakistan in conformity with the provisions under Patents Ordinance 2000.Several issues have been encountered in that course including institutional inefficiency, weak technical capacity, and international pressures being in the front lines. Drawing from worldwide experience in countries as varied as India, Brazil, and Thailand, this article explains precisely how CL allows equity in medical access, with an assurance of the need for the local manufacture of pharmaceutical products and cuts off healthcare costs. The recommendations are policy priorities on the strengthening of legal frameworks, enhancement of regulatory capacity, promotion of local production, and tapping into international support. The article concludes that CL is not only a legal tool but an ethical commitment to the right to health. With bold action and coordinated efforts, it is possible for Pakistan to employ CL as a tool in transforming its healthcare system and ensuring that life-saving medicines are truly affordable and accessible to all.