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The Access RegimePatent Law Reforms for Affordable Medicines$
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Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

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Compulsory Licensing

Compulsory Licensing

Local Working in Global Economy

Chapter:
(p.104) 5 Compulsory Licensing
Source:
The Access Regime
Author(s):

Feroz Ali

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199463480.003.0005

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.

Keywords:   compulsory license, market-initiated compulsory licenses, working of the patent, disclosure, Nexavar Case, Supreme Court

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