Compulsory Licensing: Practical Experiences and Ways Forward by Reto M. Hilty, Kung-Chung Liu

By Reto M. Hilty, Kung-Chung Liu

Under the auspices of the Max Planck Institute for highbrow estate and pageant legislations (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a gaggle of twenty students from world wide accrued to review the reviews made on the subject of obligatory licensing. the implications are validated during this e-book. various articles research how the foreign conventions on highbrow estate should be interpreted and discover the comparable doctrinal foundation surrounding obligatory patent licensing and past. it really is proven how the obligatory licensing regime might be reworked right into a really manageable mechanism facilitating the fast use and dissemination of innovation and different issues of protection.

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3 CLs Granted in the Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Brazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Ecuador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Implementation of the Decision of August 30, 2003 . . . . .

5 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 45 47 50 51 52 53 55 56 59 Abstract Compulsory licences and government use are provided for in Latin American patent legislation, but so far only two countries (Brazil and Ecuador) have made effective use of this flexibility, in both cases in order to improve access to patented medicines.

44 45 47 50 51 52 53 55 56 59 Abstract Compulsory licences and government use are provided for in Latin American patent legislation, but so far only two countries (Brazil and Ecuador) have made effective use of this flexibility, in both cases in order to improve access to patented medicines. While the consistency with the provisions of TRIPS on compulsory licensing was questioned in two cases under the WTO dispute settlement mechanism, such challenge did not lead to changes in legislation.

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