COMPULSORY LICENSING AS A TOOL FOR GLOBAL PUBLIC INTEREST: EVOLUTION, CHALLENGES, AND REFORM

Аннотация

This paper explores the evolving role of compulsory licensing (CL) as a critical legal and policy tool for reconciling intellectual property rights with the broader public interest in the 21st century. While the TRIPS Agreement and the Doha Declaration provide member states with considerable flexibility to issue CLs in situations of national emergency and public need, practical obstacles—including procedural complexity, vague legal definitions, and geopolitical pressures—continue to limit its application. Drawing on historical development, international legal frameworks, and recent case studies, this study examines the potential of CL not only in the context of public health, but also in addressing global challenges such as climate change, digital inequality, and food insecurity. The conclusion outlines specific legal, institutional, and policy reforms at national and international levels aimed at making CL more effective, equitable, and responsive to emerging societal needs. By reframing CL as a mechanism of innovation equity, the paper argues for a renewed commitment to cooperative global governance in the management and dissemination of patented knowledge. https://scientific-jl.org/obr Выпуск журнала №-72 322 Часть–3_ июня–2025 ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ 2181- 3187 Keywords: Compulsory Licensing; TRIPS Agreement; Doha Declaration; Intellectual Property; Public Health; Access to Medicines; Sustainable Development; Innovation Equity; Green Technologies; Digital Access; Food Security; WTO; WIPO. The global system of intellectual property (IP) law is built upon a fundamental balance between the exclusive rights granted to creators and inventors and the broader societal interest in disseminating knowledge, fostering innovation, and promoting equitable access to essential goods and services. Patents, in particular, serve as one of the most prominent mechanisms to reward inventors by granting them a temporary monopoly over the use, production, and commercialization of their inventions. However, this monopoly is not absolute. It is subject to limitations and exceptions designed to protect public welfare, prevent market abuse, and address instances where exclusive rights conflict with fundamental human needs. Among these legal tools, compulsory licensing represents one of the most significant, yet controversial, regulatory interventions available to states under both international and national law. In recent years, the Republic of Uzbekistan has undertaken comprehensive reforms in the field of intellectual property, aligning national legislation with international standards and promoting innovation-led economic development. Under the leadership of President Shavkat Mirziyoyev, the country adopted the “Intellectual Property Strategy for 2022–2026” in 2022, a landmark document aimed at enhancing the efficiency of the patent system, fostering innovation, and harmonizing legal frameworks with the norms of global intellectual property regimes such as the TRIPS Agreement and the WIPO-administered treaties. One of the most notable legislative developments within the framework of this Strategy is the Law of the Republic of Uzbekistan No. O‘RQ-908, adopted on February 15, 2024. This law introduces amendments and additions to the earlier foundational legislation — the Law No. 397-II dated August 29, 2002, “On Inventions, Utility Models, and Industrial Designs.” The amendments signal a significant policy shift by emphasizing the importance of compulsory licensing as a legal and economic tool to ensure the public https://scientific-jl.org/obr Выпуск журнала №-72 323 Часть–3_ июня–2025 ОБРАЗОВАНИЕ НАУКА И ИННОВАЦИОННЫЕ ИДЕИ В МИРЕ 2181- 3187 interest is not undermined by the exclusive rights granted through patents. The revised provisions clarify the conditions under which compulsory licenses can be granted, aiming to strike a balance between protecting inventors’ rights and ensuring accessibility to vital technologies, especially in areas related to public health, food security, and critical infrastructure. This aligns with global practices under Article 31 of the TRIPS Agreement, as well as the Doha Declaration on the TRIPS Agreement and Public Health (2001), which reaffirms the right of WTO member states to grant compulsory licenses in situations of national emergency or extreme urgency. Furthermore, the 2024 amendments reflect growing recognition of intellectual property as a policy instrument, not merely a legal right. By strengthening the regulatory framework for compulsory licensing, Uzbekistan positions itself among progressive jurisdictions that seek to leverage intellectual property for sustainable development and technological sovereignty. The new provisions also provide procedural clarity, outlining steps for filing, examining, and enforcing compulsory licenses, and incorporate international best practices regarding non-voluntary use of patents. These reforms are particularly timely, as the glob