The Malaysian government granted a compulsory license
for the patent protecting an innovative U.S.
Pre-MMA, a digital music provider wishing to obtain a license to record and distribute a protected work had to either negotiate directly with the copyright owner to procure a voluntary license or obtain a compulsory license
under 17 U.S.C.
Li summarizes the elements of the PA in compulsory license
as the following: (1) trigger threshold, (2) the granting of the compulsory license
as a precautionary conditional right, (3) duty to review, and (4) other non-scientific factors.
The drugmakers had stated that CL issued by the Malaysian government 'undermine a core tenant of IP protection and, if unaddressed, could inspire other countries to advance similar compulsory license
schemes undermining vital IP'.
As noted in our submission to the HLP, the Doha Declaration long ago confirmed that "Each Member has the right to grant compulsory licenses
and the freedom to determine the grounds upon which such licenses are granted." There is nothing in the TRIPS Agreement suggesting that a determination by public health authorities that a medicine is "essential" for the population, whether at the national or at the WHO level, cannot be used to determine the merits of granting an individual compulsory license
This Ninth Circuit ruling may have prevented a federal circuit split on the question of whether a service like FilmOn X could qualify for the Section 111 compulsory license
As a result, both patent holders and countries are subject to criticism, litigation, and monetary loss for their respective actions concerning the compulsory license
In the field of medicine, however, many jurisdictions have laws or regulations that either limit the price for which the inventor can charge for the medicine or, in some cases, force the owner to license the patent, known as a compulsory license
. The government of the United States, for example, threatened the manufacturer of ciprofloxacin with a compulsory license
during the anthrax scares of 2001.
Another contentious issue is the way India revokes patents for granting compulsory license
(CL) for proprietary products.
It is pertinent to note here that for issuance of compulsory license
national emergency is not the only ground.
. (24) Article 5A(2) of the Paris Convention of 1883