Compulsory licensing of patents

  title={Compulsory licensing of patents},
  author={William N. Monte},
  journal={Information \& Communications Technology Law},
  pages={247 - 271}
  • William N. Monte
  • Published 2016
  • Business
  • Information & Communications Technology Law
The 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; historically compulsory licenses have not been common in the patent field. But change is occurring due to the World Trade Organization’s TRIPS… Expand
Importance of the intellectual property system in attempting compulsory licensing of pharmaceuticals: a cross-sectional analysis
  • K. Son
  • Business, Medicine
  • Globalization and Health
  • 2019
Evidence of an association between attempting compulsory licensing and matured patent systems is provided by demonstrating that countries with a mature patent system were more likely to utilize compulsory licensing of pharmaceuticals. Expand
Antitrust and Compulsory Licensing in BRICS and Developing Countries
Compulsory licensing is a powerful tool for broadening access to inventions protected by intellectual property rights without the rights owner consent, and is highly disciplined by International LawExpand
Do patent pledges accelerate innovation?
This paper estimates the effect of patent pledges, commitments made voluntarily by patent holders to limit the enforcement of their patents, on follow-on inventions. Patent pledges have been gainingExpand
Keeping score, strengthening policy and fighting bad actors over access to research tools
A mix of policy options that enhances access to research tools is available to courts, legislators and government bureaucracies, including research agencies and patent offices.


Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents
Many advocates for using compulsory licensing (“CL”) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In thisExpand
Bioterrorism and Patent Rights: "Compulsory Licensure" and the Case of Cipro
Ethical and policy issues relating to the U.S. government's decision not to override Bayer's patent on Cipro in response to increased demands for the drug in the wake of the anthrax bioterrorism scare are discussed. Expand
Non-voluntary Licensing of Patented Inventions Historical Perspective, Legal Framework under TRIPS, and an Overview of the Practice in Canada and the USA
The Project is implemented by the International Centre for Trade and Sustainable Development (ICTSD) and the secretariat of the United Nations Conference on Trade and Development (UNCTAD) (ProjectExpand
Contracting into Liability Rules: Intellectual Property Rights and Collective Rights Organizations
As intellectual property rights have gained in prominence, businesspeople and scholars alike have complained of the increasing burden of obtaining intellectual property licenses and, failing this,Expand
An Exceptio Standardis: Do We Need an IP Exemption for Standards?
Due to network effects, propriety rights in standards, based on either copyright or patent law, may have undesirable consequences. They may result in undue monopolies and undermine innovation. ManyExpand
The Patent Controversy in the Nineteenth Century
T HE patent system has lately been subjected to investigations by committees of Congress, and reforms have been proposed to meet some of the most serious criticisms. In recent publications commentingExpand
The Case eBay Inc. vs. MercExchange LLC, It's Impact on NPEs and Patent Enforcement
The article describes the impact of US court decision eBay vs. MercExchange on patent injunctions, seen from a European perspective. It deals with European equivalents of injunctive relief. DebatesExpand
Whither patent use without authorisation in Australia
The provisions of the Australian 'Patents Act' with regard to compulsory licensing and Crown use are examined. The adequacy of these provisions in offering the mechanisms to ensure that use of theExpand
The Case Against Intellectual Property
According to a common argument, the presence of strong intellectual property rights spurs innovation, which then leads to fiercer competition, higher economic growth and increasing benefits for theExpand
Compulsory licensing, price controls, and access to patented foreign products
We analyze how a price control and the threat of compulsory licensing (CL) affect consumer access in a developing country (South) to a patented foreign product. In the model, the Southern governmentExpand