Compulsory Licensing

Compulsory licensing in Global Commerce Policy

In this regard, compulsory licensing is: a procedure for authorities to license companies or individuals other than the patent owner to use the rights of the patent ” to make, use, sell or import a product under patent (i.e. The entries on trade policy are here. A patented product or a product made by a patented process) ” without the permission of the patent owner. The entries on trade policy are here. Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights sets out the framework under which this may be done. Compulsory licensing may only be pursued if efforts to obtain the right to use the intellectual property on reasonable commercial terms have not been successful. See also Access to medicines, Declaration on the TRIPS Agreement and Public Health, exhaustion doctrine and forced technology transfer.[1]

Compulsory licensingin the wold Encyclopedia

For an introductory overview on international trade policy, see this entry.

Resources

Notes and References

1. Dictionary of Trade Policy, “Compulsory licensing” entry (OAS)

See Also