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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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2015
Practices across jurisdictions.- The operation of compulsory licensing regime.- Doctrinal discussions.
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Practices across jurisdictions.- The operation of compulsory licensing regime.- Doctrinal discussions.
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Compulsory licensing of patents
Information & Communications Technology Law, 2016The compulsory license is a concept that has been an accepted part of American intellectual property ever since the US Copyright Act of 1909. It has been recognized internationally via the Berne Convention for the Protection of Literary and Artistic Works since 1908. US patent law, however, has not paralleled its intellectual property sister copyright;
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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 Trademark Licensing
Southern Economic Journal, 1988Trademarks are an important source of information in our economy. They identify the products offered by a particular seller and permit the buyer to associate advertising or past experience with an item currently for sale. This lowers buyer search cost and creates an incentive for sellers to produce high quality products [10; 3].
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The License of Right, Compulsory Licensing and the Value of Exclusivity [PDF]
This paper uses the License of Right (LOR) provision implemented in Section 23 of the German Patent Act to answer the following questions: What is the distribution of the private value of the right to exclude others provided by a patent? What are the welfare implications of having a License of Right system?
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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 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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Compulsory Licensing of Patents in India
2017Compulsory licensing is defined generally as the granting of a license by a government to use a patent without the patent-holder's permission. As applied to international intellectual property rights, it allows governments to grant licenses for patent use in situations where the patent-holder is either not using the patent within the country or is not ...
Shinu Vig, Teena Bagga
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Compulsory Licenses For Medicines
Health Affairs, 2015Ellen, 't Hoen, Jorge, Bermudez
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