COMPULSORY LICENSING AS A TOOL FOR GLOBAL PUBLIC INTEREST: EVOLUTION, CHALLENGES, AND REFORM
Keywords:
Compulsory Licensing; TRIPS Agreement; Doha Declaration; Intellectual Property; Public Health; Access to Medicines; Sustainable Development; Innovation Equity; Green Technologies; Digital Access; Food Security; WTO; WIPO.Abstract
This paper explores the evolving role of compulsory licensing (CL) as a critical
legal and policy tool for reconciling intellectual property rights with the broader public
interest in the 21st century. While the TRIPS Agreement and the Doha Declaration
provide member states with considerable flexibility to issue CLs in situations of
national emergency and public need, practical obstacles—including procedural
complexity, vague legal definitions, and geopolitical pressures—continue to limit its
application. Drawing on historical development, international legal frameworks, and
recent case studies, this study examines the potential of CL not only in the context of
public health, but also in addressing global challenges such as climate change, digital
inequality, and food insecurity. The conclusion outlines specific legal, institutional,
and policy reforms at national and international levels aimed at making CL more
effective, equitable, and responsive to emerging societal needs. By reframing CL as a
mechanism of innovation equity, the paper argues for a renewed commitment to
cooperative global governance in the management and dissemination of patented
knowledge.
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