Local Working in Global Economy
The shift from working models of inventions to written disclosures allowed patentees to license inventions solely on the basis of the written specification that passed muster at the patent office. Harmonization of patent laws across nations allowed patentees to be practising entities in one country and non-practising entities in another. This chapter addresses how compulsory licences solve the problem of picketing patents—patents that are not worked locally. The aspect of patents as negative rights and the concept of working of the patent are explored. This chapter further examines the identification and classification of various types of compulsory licences and details the provisions in the TRIPS that allow for the grant of such licences. An examination of India’s first compulsory licence is followed by an explanation of the features that set apart a market-initiated compulsory licence.
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