Scope and duration of compulsory licensing: lessons from national experiences

Azmi, Ida Madieha (2015) Scope and duration of compulsory licensing: lessons from national experiences. In: Compulsory LIcensing: Practical Experiences and ways Forward. Springer, Germany, pp. 207-220. ISBN 978-3-642-54703-4

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Abstract

TRIPS Agreement provides significant flexibility to member countries to determine the scope and duration of compulsory licences issued by them. TRIPS mandates, however, that the scope and duration of the licence must not go beyond the purpose for which the licence is issued. For countries that have never invoked compulsory licences before, the lack of detailed provision on this offers little guidance on how to invoke such licences. This chapter examines national experiences on compulsory licences and draws lessons from them by identifying the relevant criteria in setting the scope and duration of compulsory licences. From these experiences, several observations can be made. It is essential that the terms of such non voluntary licences address the harm to be alleviated. The terms of the licences must be relevant and effective and proportionate to the harm to be alleviated. The chapter ends by suggesting that national authorities have broad discretion in terms of the scope of the licences. However, such licence must be carefully crafted to reach the specific purpose for which the licence is issued or the harm it seeks to remedy

Item Type:	Book Chapter
Additional Information:	810/41539
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr Ida Madieha Abdul Ghani Azmi
Date Deposited:	03 Mar 2015 11:46
Last Modified:	03 Mar 2015 11:46
URI:	http://irep.iium.edu.my/id/eprint/41539

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