Compulsory Licenses and National Emergencies under TRIPS Agreement: National Regulation and Law Enforcement Practice (on the Example of Israel, India and Russia)

Compulsory licensing entails the restriction of the exclusive rights of the patent holder, but this procedure solves socially significant problems, therefore, in this work, it is interesting to study the positions of states on the relationship between the interests of society and the intellectual property rights in the field of pharmaceuticals. This work involves the study of law enforcement practice, international legislation, in particular the TRIPS Agreement and the Doha Declaration, as well as the national legislation of India, Russia and Israel in the field of issuing compulsory licenses. The subject of the research includes the grounds and procedures for issuing compulsory licenses for medicines for private pharmaceutical companies and for public non-commercial use, used (in a judicial or administrative order) and established by legal acts. The study identifies the differences and peculiarities of the procedures for issuing compulsory licenses for state non-commercial use and in private interest, as well as identifies the ratio of private and public interest in the implementation of compulsory licenses through the study of legislation and current judicial practice on issuing permits for compulsory licensing of drugs in connection with the pandemic Covid-19. The paper focuses on both the general principles of regulation and the ways and grounds on which compulsory licenses are granted to satisfy various public interests.