"Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences
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"Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. / Kianzad, Behrang.
Concurrences. Bind Art. N° 86433 Concurrences, 2022.Publikation: Bidrag til bog/antologi/rapport › Encyclopædiartikel › Forskning › fagfællebedømt
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TY - ENCYC
T1 - "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences
AU - Kianzad, Behrang
PY - 2022
Y1 - 2022
N2 - Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusivity enjoyed by a right-holder. The legal basis for compulsory licensing is found in the TRIPS Agreement, the Paris Convention, but also in national systems of intellectual property law. As compulsory licensing represents an intrusive act by the Government into property rights, there are varying views on the economic and legal implications of the concept. In exceptional circumstances it may be that a competition authority may order the licensing of intellectual property (or analogous) rights where a refusal to licence them amounts to an abuse of a dominant position.
AB - Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusivity enjoyed by a right-holder. The legal basis for compulsory licensing is found in the TRIPS Agreement, the Paris Convention, but also in national systems of intellectual property law. As compulsory licensing represents an intrusive act by the Government into property rights, there are varying views on the economic and legal implications of the concept. In exceptional circumstances it may be that a competition authority may order the licensing of intellectual property (or analogous) rights where a refusal to licence them amounts to an abuse of a dominant position.
KW - Faculty of Law
KW - compulsory licensing
KW - TRIPS agreement
KW - competition Law
KW - Intellectual Property Law
M3 - Encyclopedia chapter
VL - Art. N° 86433
BT - Concurrences
PB - Concurrences
ER -
ID: 327939177