(Compulsory) license

Legal Basis The legal basis for compulsory licenses under Japanese Patent Law is Article 83 of the Japanese Patent Act (Patent Act), which stipulates that, “Where a patented invention is not…

Readers of this blog know my interest in compulsory licensing as a balancing mechanism for patents[1]. For more than a year now, I have been repeating it wherever I can (here, in many peer reviews,…

Legal Basis In seeking to promote effective and adequate protection of intellectual property rights, South Africa  became a signatory to the Trade-Related Aspects of Intellectual Property Rights …

Although he pronounced against the IP Waiver on 23 April, French President Emmanuel Macron declared having changed his mind on 6 May, following the US administration's surprising decision on 5 May…

While pressure is building up on TRIPS Council for the suspension of certain obligations under the TRIPS Agreement during the COVID-19 pandemic, the Brazilian Senate approved on 29 April 2021 a bill…

Legal basis The legal basis for compulsory licenses under German Patent Law is under Section 24 of the German Patent Act. The German Patent Act meets the requirements of the Trade-Related Aspects of…

A patent owner has the right to exclude others from practicing its hard-earned patent.  Typically, this exclusion covers actions such as making, using, selling, offering for sale, or importing the…

In my last post I deciphered several fake news, which spoil the public debate about compulsory licensing, I then mentioned a French bill proposal, introduced by Mr. Ronan Le Gleut in the Senate on…

At a time when a bill aiming at granting a compulsory license in the interest of public health in case of extreme sanitary emergency has just been filed in the French Senate on April 8, 2021[1], the…