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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
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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