International Norms for Compulsory Licensing and the Indian Copyright Law


  • T. G. Agitha


In the context of the Copyright Amendment Bill, 2010 of India, this paper explores the feasibility in the international context, of compulsory licence, to ensure information dissemination while safeguarding the interests of copyright owners and the Indian legal position in this respect. Though India pioneered the pressure group for ensuring recognition of compulsory licence in international norms in the discussions of the Berne Convention, it is interesting how her own laws were drafted and how the new Bill is addressing this issue. The problem of access to the information from the developed countries in the context of The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the interpretation to the open-ended three-step test to facilitate such access are the focal point of this paper.