تقييد الحق الاستئثاري بالترخيص الإجباري

Abstract EN

If the ownership of the patent granted monopoly, exploitation and authority to act against him in the patent protected, the non-exploitation of the patent is a violation of the statutory obligation of exploitation, which means that the exclusive right of the owner of the patent is both a right and an obligation.

Because most protected inventions are not exploited internationally, The legislator restricted the right of the patent owner so as not to abuse his exclusive right not to exploit, , By imposing compulsory licenses, aimed at the public interest of the community, and to cope with shortages of food and medicine.

Because compulsory licensing of the patent constitutes a restriction on the exclusive right, this leads us to the question arises the position of the industrial legislations against the imposition of this restriction and the extent to which it contributes to the protection of the rights of the exclusive patent holder and to achieve a balance between them and the right of the State and others to obtain compulsory licenses to meet The needs of society and the observance of the requirements of the public interest.

key words: , exploitation- restriction- patent- exploitation- The compulsory licensing.