Compulsory license and patent protection

Abstract EN

The encouragement of patent holders to continue their creativity requires protection for their inventions by the law; this can be achieved by preventing the use of their intellectual product without their consent.

On the other hand, the inventors may abuse this right for their personal interests.

Thus, in particular situations, for the public's interest there must be an allowance to use their inventions.

Furthermore, there are conflicting interests between developed and developing countries with regard to allowance and prevention of compulsory license.

Hence, it has been regulated by a number of international conventions.

Compulsory license is regarded as a solution to keep balance between the patent owner's right and the issuance of compulsory licenses, especially in pharmaceutical sector.

Nevertheless, it is not an ideal settlement.