Compulsory Licensing and TRIPs
TRIPs provides for minimum global standards of IP protection, including patent protection. These standards are to
be introduced at different times, depending on the development classification of countries.
Patents are granted for inventions. They give exclusive rights to manufacture, use and sell the inventive product for
a limited time, usually 20 years from the date of filing. The exclusive right given is an incentive to undertake the
significant cost and risk associated with innovation and commercial development.
The exclusive rights conferred by patents can be the subject of limitations. For example, use of the invention by a
third party without the consent of the patent owner can be authorised by governments under a CL. CLs are
permitted by TRIPs provided certain conditions, specified in Article 31 TRIPs, are complied with.