Compulsory Licensing: Effecting access to medicines in the developing world?

Compulsory licensing is a means of validly circumventing patents to provide affordable medications. Under the DOHA round of the Trade Related Intellectual and Property Rights (TRIPS) agreement of the World Trade Organization (WTO), compulsory licensing is legal and admissible under certain conditions (Article 31). However, compulsory licensing appears as only an interim solution passed by WTO members to address access to medications for the developing world. It is by no means a “solution” to the ongoing critical drug access issues, and while it exists, only three countries have taken advantage of it. This paper will to explore some of the underlying aspects of compulsory licensing, the reluctance by developing countries to invoke compulsory licensing, and some of its implications. Our intent is to provoke thought on further actions that may be pursued for critical public health.