Compulsory licensing of patents is a significant legal mechanism within the international framework for patent protection that allows a government to authorize the use of a patented invention without the consent of the patent holder under specific conditions. This provision is primarily governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization (WTO), which establishes minimum standards for intellectual property regulation among member states. While patents grant exclusive rights to inventors to prevent others from making, using, or selling their inventions, compulsory licensing acts as a balance between private rights and public interest, ensuring that essential goods and technologies remain accessible, especially in critical situations. Under Article 31 of the TRIPS Agreement, member countries are permitted to issue compulsory licenses, subject to certain conditions. These conditions are designed to prevent abuse and to ensure that the rights of patent holders are not arbitrarily undermined. One of the primary requirements is that, before granting a compulsory license, the proposed user must have made efforts to obtain authorization from the patent holder on reasonable commercial terms and conditions, and that such efforts have not been successful within a reasonable period of time. However, this requirement may be waived in cases of national emergency, extreme urgency, or public non-commercial use. For example, during public health crises such as epidemics or pandemics, governments may bypass prior negotiations to ensure rapid access to essential medicines. Another important provision is that the scope and duration of compulsory licensing must be limited to the purpose for which it is authorized. This ensures that the license is not used beyond what is necessary to address the specific need. Additionally, such use must be non-exclusive, meaning the patent holder retains the right to exploit the patent and may also grant licenses to others. Furthermore, the use must be predominantly for the supply of the domestic market of the member granting the license. However, this restriction has been modified through subsequent decisions, such as the 2003 WTO General Council Decision and the 2005 amendment to TRIPS (Article 31bis), which allows countries with insufficient or no manufacturing capacity in the pharmaceutical sector to import generic medicines produced under compulsory licenses in other countries. The requirement of adequate remuneration to the patent holder is another key aspect of compulsory licensing. The patent holder must be paid a reasonable royalty,