The Brazilian President gave his assent to the bill introducing new rules on the compulsory licensing of patents, which facilitates the compulsory licensing of COVID-19 vaccines’ patents. The Brazilian President vetoed, however, certain key provisions of the bill, including paragraphs 8, 9 and 10 of the amended Article 71 of the Brazilian Industrial Property Act…

28 U.S.C § 1498 (a) (Governmental Use) The United States (U.S.) does not have any provisions for a compulsory license. The closest provision that it does have to the licensing of medicines and vaccines is what is called March-in rights. March-in rights allow the U.S. government to grant licenses to patented inventions provided the development…

Legal basis The legal basis for compulsory licenses can be found under the Indian Patent Act, 1970 (Indian Patent Act), Chapter XVI, read with Indian Patent Rules, 2003 (Indian Patent Rules). Requirements for obtaining a compulsory license Compulsory licensing under the Indian Patent Act is well codified and is in line with international agreements. The…

Legal basis The legal basis for compulsory licenses under Singapore patent law is the Patents Act under Chapter 221, Part XI, Section 55 (Patents Act). As of January 1, 2020, Singapore changed its patent system and applications are now required to go through local substantive examination prior to issuance. Requirements for obtaining a Compulsory License…

Legal Basis The legal basis for compulsory licensing in Russia flows from Articles 1360 and 1362 of the Civil Code of the Russian Federation (Civil Code). Article 1360 of the Civil Code allows the Russian Government to grant permission to the use of a patented invention in the interest of defense and national security. Such…

Legal Analysis In Australia, the law with respect to compulsory licenses is framed to prevent useful inventions from remaining unworked in Australia. A person who wishes to exploit a patented invention may apply to the Federal Court for an order requiring the patentee to grant the applicant a license. Such an application can only be…

Legal Basis The legal basis for patent law in Saudi Arabia is contained in Law no. 159 – Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models Law of 2004. The provisions for compulsory licenses are contained in Articles 24 to 30 of the Saudi Arabia Patent Law Decree. Articles 24 and 25…

Legal basis The legal basis for compulsory licenses under Argentine patent law is Decree No. 260/1996 of March 20, 1996, which approves the ordered text of Law No. 24.481 on Law of Patents of Invention and Utility Models (Patent Law). The provisions for compulsory licenses are under Articles 42 to 51 of the Patent Law….

Legal Basis New Zealand is a signatory to the World Intellectual Property’s Trade-Related Aspects of Intellectual Property (TRIPS) Agreement. The legal basis for compulsory licenses under New Zealand Patent Law is the New Zealand Patents Act. The provisions for compulsory licenses are found in Sections 169 through 175. The grounds for obtaining a compulsory license…

Legal basis Chapter VI, Licensing and the Transfer of Rights, of the Industrial Property Law (IPL) of Mexico, establishes the legal basis for compulsory licenses. Articles 70 to 77, under Chapter VI, discuss in more detail the issuance of compulsory licenses. Article 70 Any person may apply to the Mexican Institute of Industrial Property (the…