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Compulsory Licenses in Patent Law
2021The chapter reviews the conditions for compulsory licenses for functional efficiency set in international law and the instruments’ adequacy to address the market failures that hinder follow-on innovation. Under the TRIPS Agreement, compulsory licenses (Art. 31) are a mechanism distinct from exceptions to patent protection (Art. 30).
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Compulsory Licensing of Patents in India
Pharmaceutical Patent Analyst, 2016This article deals with compulsory licensing scenarios in India, provides a background of relevant provisions in the Patents Act and examines how these provisions are Trade-Related Aspects of Intellectual Property Rights compliant. This article further discusses the procedure followed by India in granting a compulsory license, provides an overview of ...
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2009
syn. forced licensing; in some countries (e.g. Germany, Japan) health authorities can grant CL for a drug on a specific therapeutic area for public interest reasons or e.g. when a patented invention is not used by the originator during several years; use of the invention by a firm induces payment of a royalty to the patent owner.
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syn. forced licensing; in some countries (e.g. Germany, Japan) health authorities can grant CL for a drug on a specific therapeutic area for public interest reasons or e.g. when a patented invention is not used by the originator during several years; use of the invention by a firm induces payment of a royalty to the patent owner.
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Compulsory licensing for environmental purposes
2021The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today.
Bryan Mercurio, Ronald Yu
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Compulsory licensing: India's maiden experience
2013Under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) all parties to the agreement are allowed flexibility in issuing licenses for manufacturing pharmaceutical drugs, in line with their public policy objectives. The licenses may be issued under certain conditions, even if the patent holder (innovator) has an exclusive ...
Gautam, Savita, Dasgupta, Meghna
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Compulsory Licensing in Germany
2014In the last 20 years, German courts have developed a sophisticated approach to compulsory licensing of patents. Compulsory licences under competition law are of particularly high relevance. In short, German competition law obliges the holder of a patent, which is essential in a standard to grant a licence on terms that are fair, reasonable, and non ...
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Drug Patents and Compulsory Licensing
Chemical & Engineering News Archive, 1946To call our patent system monopolistic is to fail to see that compulsory licensing must retard industrial progress THERE are moments in history when political chaos, economic instability, or social...
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Compulsory Licenses For Medicines
Health Affairs, 2015Ellen, 't Hoen, Jorge, Bermudez
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Compulsory Licensing, Innovation and Welfare [PDF]
, 2013 This paper develops a three-stage model of innovation, fixed-fee licensing and production to evaluate the welfare effects of compulsory licensing, taking into account both static (information sharing) and dynamic (innovation incentive) effects. Compulsory licensing is shown to have an unambiguously positive impact on consumer surplus.
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