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JIPR Vol.17(1) [January 2012] >

Title: Compulsory Licensing: For Better or For Worse, the Done Deal Lies in the Balance
Authors: Yang, Deli
Keywords: Compulsory licensing
Non-working patent
Anti-competitive practice
Non-commercial patent use
Non-voluntary licensing
Issue Date: Jan-2012
Publisher: NISCAIR-CSIR, India
Abstract: Ever since compulsory licensing has emerged as a statutory obligation, it has been debated around the balance of interests between the general public and IP right holders. After opening two cases relevant and typical to the debate, this column clarifies compulsory licensing within the licensing contexts, and gives a brief account of its history. The focal point then centres on the main issues of compulsory licensing grants for national emergency, non-working, anti-competitive practice, non-commercial use and relevant international issues. In the end, some potential solutions are proposed.
Page(s): 76-81
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.17(1) [January 2012]

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