الترخيص الإجباري باستغلال الاختراع وفقا لنظام براءات الاختراع السعودي و القانون المقارن (المصري و البريطاني)‎ و في ضوء اتفاقية التربس

Abstract EN

This study deals with some of the legal aspects of compulsory licensing for the exploitation of a patent according to Saudi Patent Law and comparative laws (UK and Egyptian Laws), all of which in the light of TRIPS Agreement.To deal with the legal aspects of the compulsory license for exploitation of the invention, this paper has adopted analytical and comparative approaches.

It explores the concept of compulsory licensing (definition, role and importance, as well as legal nature and basis).The study discusses cases of granting compulsory licensing: public interest; non-exploitation of invention by the patentee or inadequate exploitation; correlation of inventions; anti-competition acts of the patentee; along with the other cases of granting licensing (e.g.

semi-conductors and refusal of granting contractual licensing).

Each case has been discussed in terms of legal provisions, requirements and conditions.

The last part is devoted to determining the reasons for the expiration of compulsory licensing.

The study is divided into two sections, in addition to a conclusion which includes outcomes and some recommendations.