Soon after the Thai compulsory license
was issued, Deputy U.
export to a country that grants a compulsory license
, allowing the
Existing WTO rules allow a country to use "compulsory licensing" (granting the right to manufacture a patented product without the patent-holders consent) under certain conditions--and to import a drug under a compulsory license
With such a compulsory license
, African nations could get a triple combination "cocktail" from India's Cipla for $300 a year, or from other generic companies in Brazil and Thailand for as little as $250 annually per patient instead of buying the medicine from U.
that has been granted a compulsory license
by another government.
57) Later, in order to facilitate the home satellite dish business, Congress passed the Satellite Home Viewer Act of 1988, which created the satellite carrier compulsory license
Abolish the abominable Copyright Royalty Tribunal and all the compulsory license
laws it administers.
So far, one Compulsory License
has been granted by the Controller General of Patents, Designs and Trade Marks for the anti-cancer drug containing the compound Sorafenib Tosylate which is used for treatment of kidney and liver cancer to a drug manufacturing company, namely M/s Natco Pharma Ltd.
108) Therefore, India never needed compulsory license
Moreover, in the past six years the government has excluded certain HIV therapies from patent protection (Gilead/United Medical's Viread and AbbVie's Kaletra), and has granted a compulsory license
for Merck's Stocrin.
While the German Supreme Court (BGH) has ruled in the decisions Standard-Spundfass and Orange-Book-Standard that intellectual property rights have to cede priority to the protection of competition under exceptional circumstances, in which case claims for damages or cease and desist orders can be countered by a compulsory license
defense based on competition law.
The Elimination of the Compulsory License