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November 12, 2025

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Compulsory License Requires Absolute Refusal By The Copyright Owner?” 

Featuring: Vanshika Gupta

A Legal Issues Seminar was conducted by Vanshika Gupta, Associate, on the Topic “Whether Compulsory License Requires Absolute Refusal By The Copyright Owner?” 

The session examined the scope and interpretation of the compulsory licensing framework, focusing on whether outright refusal by the copyright owner is a precondition for invoking compulsory license. Through a discussion of judicial precedents, the seminar analyzed how courts have evolved in their understanding of “refusal”, extending it to include unreasonable or prohibitive licensing terms that effectively restrict public access. The seminar concluded that the legislative intent behind the compulsory licensing regime lies in preventing unjust withholding of works from the public and ensuring equitable access on fair, transparent, and non-discriminatory terms.  

The Presentation can be accessed here.

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