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Consider the following statements.
1. A voluntary license is an authorization given by the patent holder to a generic company, allowing it to produce the patented product, such as a medicine, as if it were a generic.
2. Compulsory licenses cannot override patent rights to allow local production or import of drugs by generic manufacturers.
Which of the above statements is/are incorrect?
  • a)
    1 only 
  • b)
    2 only 
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Consider the following statements.1. A voluntary license is an authori...
A voluntary license is an authorization given by the patent holder to a generic company, allowing it to produce the patented article, such as a medicine, as if it were a generic. The license usually sets quality requirements and defines the markets in which the licensee can sell the product. The decision to grant a voluntary license, and the terms therein, can be tailored to account for many factors, including the nature of the epidemic/disease, social factors, economic considerations and the capacity of the licensee to meet and maintain quality standards for the product.
In the 1990s, the WTO began implementing a global intellectual property regime known as the Trade Related Aspects of Intellectual Property Rights agreement, or TRIPS. While TRIPS alarmed public health experts because of its potential to raise the price of essential medicines, voluntary licensing agreements between pharmaceutical producers were able to bring down the price of AIDS medications despite the TRIPS regulations.
It is also possible for governments to issue what are called “compulsory licenses” which override patent rights to allow local production or import of drugs by generic manufacturers in the event of a public health crisis. Since 2003, this right has been enshrined in the Doha Declaration addendum to the WTO’s TRIPS agreement.
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Consider the following statements.1. A voluntary license is an authorization given by the patent holder to a generic company,allowing it to produce the patented product, such as a medicine, as if it were a generic.2. Compulsory licenses cannot override patent rights to allow local production or import of drugs by generic manufacturers.Which of the above statements is/are incorrect?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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