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The government has ruled out any dilution in its stance on granting compulsory licences, or waiving patent rights in case of a public health emergency, saying it is open to using flexibility provided under international laws.

"Even as government of India is conscious of the need to spur innovation and protect individual rights, it retains the sovereign right to utilize the flexibilities provided in the international IPR (intellectual property rights) regime. It may be noted that to date, there has been only one case of compulsory licence in India and that too after a well-thought out and laid down process, which was subsequently upheld right up to the highest court of the land," the department of industrial policy and promotion said in a statement late Tuesday evening.

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Hope that the government puts their money where their mouth is..... Who knows... it might well be true that they may have made "individual", "private" deals with the drug lords...... Read MoreClueless Moron

The statement came in response to reports that the government had privately assured the US investors that it would not issue any more compulsory licence. "India has a well-established TRIPS compliant legislative, administrative and judicial framework to safeguard IPRs. Under the Doha Declaration on the TRIPS Agreement on Public Health, each member has the right to grant compulsory licences and has the freedom to determine the grounds upon which such licences are granted," the statement said.

Ever since India used the compulsory licensing provision for a cancer drug, multinational pharma companies have been trying to get the government to commit to a no-use doctrine that UPA and NDA have so far resisted. "You cannot give an assurance like the one MNCs are demanding," said a source.
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