Evolution of the concept of compulsory licensing: A critical analysis of key developments before and after TRIPS

Abbas, Muhammad Zaheer & Riaz, Shamreeza (2013) Evolution of the concept of compulsory licensing: A critical analysis of key developments before and after TRIPS. Academic Research International, 4(2), pp. 482-499.

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Abstract

Patents provide monopoly rights to patent holders. There are safeguards in patent regime to ensure that exclusive right of the patent holder is not misused. Compulsory licensing is one of the safeguards provided under TRIPS using which patent granting state may allow a third party to exploit the invention without patent holder’s consent upon terms and conditions decided by the government. This concept existed since 1623 and was not introduced by TRIPS for the first time. But this mechanism has undergone significant changes especially in post-TRIPS era. History of evolution of compulsory licensing is one of the least explored areas of intellectual property law. This paper undertakes an analysis of different phases in the evolution of the compulsory licensing mechanism and sheds light on reasons behind developments especially after TRIPS.

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ID Code: 90061
Item Type: Journal Article
Refereed: Yes
Keywords: Compulsory licensing, TRIPS flexibilities, Paris Convention, Berne Convention, Rome Convention, Doha Declaration, WTO Waiver Decision
ISSN: 2223-9944
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 SAVAP International
Deposited On: 09 Nov 2015 00:26
Last Modified: 10 Nov 2015 00:11

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