The Court of Appeal’s judgment in Optis Cellular Technology LLC v Apple Retail UK Ltd [2025] EWCA Civ 552, handed down on 1 May 2025, is arguably the most significant UK FRAND decision since Unwired…
The refusal to grant a licence for intellectual property (IP) rights can sometimes conflict with competition law. This topic has already been explored in the case law of national courts and the Court…
On 18 September 2024, the Honourable Justice Jackman, in his capacity as a Deputy President of the Administrative Appeals Tribunal (AAT), granted Sandoz a licence pursuant to section 223(9) of the…
On May 30, 2024, the JPO announced that the request for a decision of granting a compulsory non-exclusive license based on public interest under Article 93 of the Patent Act, which was filed by…
In what will be seen as a welcome development to IP owners, the Brazilian Patent Office (BRPTO) is improving the system to record IP agreements.
More specifically, on 11 July 2023, the BRPTO…
In September 2021, Brazilian Congress passed a law changing the compulsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new…
On June 17, 2022, WTO members adopted a waiver to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) allowing suspension of patent related to the Covid-19 pandemic,…
The Brazilian President gave his assent to the bill introducing new rules on the compulsory licensing of patents, which facilitates the compulsory licensing of COVID-19 vaccines’ patents. The…
28 U.S.C § 1498 (a) (Governmental Use)
The United States (U.S.) does not have any provisions for a compulsory license. The closest provision that it does have to the licensing of medicines and…
