THE INSTITUTION OF COMPULSORY LICENSING IN ENSURING EQUITABLE ACCESS TO MEDICINAL PRODUCTS DURING EMERGENCIES

Abstract

The article examines the institution of compulsory licensing of medicinal products as one of the key legal mechanisms for ensuring equal and non-discriminatory access of the population to essential medicines during emergency situations, including pandemics and other force majeure circumstances. It analyzes the international legal foundations of compulsory licensing, in particular the provisions of the TRIPS Agreement, the WTO Doha Declaration on Public Health, as well as documents of the World Health Organization and the World Intellectual Property Organization. Special attention is paid to foreign experience in the legal regulation and practical application of compulsory licensing in the United States, the countries of the European Union, China, Switzerland, and developing states. The article identifies problems and legal gaps in the national legislation of the Republic of Uzbekistan related to the absence of a clearly defined concept and mechanism of compulsory licensing of medicinal products. It substantiates the necessity of normative consolidation of this institution within the system of health care and intellectual property legislation of Uzbekistan in order to protect the right to health and to prevent shortages and excessive pricing of medicines under emergency conditions. As a result, the author formulates an original definition of compulsory licensing of medicinal products and proposes directions for improving national legal regulation.