Walking the Tightrope for Compulsory Licensing in IPRs and Public Health

Purpose – The discourse surrounding compulsory licensing, intellectual property rights, and access to essential medicines amidst public health emergencies, notably the COVID-19 pandemic, necessitates a nuanced understanding and a multifaceted approach. Design/Methodology – This comprehensive review synthesizes insights from legal analyses, scholarly articles, and policy reports to illuminate the complexities and potential solutions at this intersection. Findings – Proponents argue that compulsory licensing can enhance access to essential medicines, reduce prices, and diversify the global supply chain, while opponents raise concerns about its impact on innovation incentives and quality control. By proposing transparency and safeguards for compulsory licensing, promoting technology transfer agreements, fostering collaborative research and development initiatives, and implementing innovative financing mechanisms, a balanced approach can be achieved. However, challenges persist, including the need to balance competing interests, strengthen national regulatory capacities, and enforce proposed solutions. Originality/value – Further research avenues include investigating socioeconomic determinants of access, exploring innovative financing mechanisms, assessing long-term impacts, and fostering interdisciplinary collaboration. As we navigate these complexities, solidarity, cooperation, and innovation are paramount in achieving global health equity and resilience.