Legal Basis The legal basis for compulsory licenses under Japanese Patent Law is Article 83 of the Japanese Patent Act (Patent Act), which stipulates that, “Where a patented invention is not sufficiently and continuously worked for 3 years or longer in Japan, a person intending to work the patented invention may request the patentee or…

Legal Basis In seeking to promote effective and adequate protection of intellectual property rights, South Africa became a signatory to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 2005. This became the basis for compulsory licenses in South Africa. South Africa incorporated these provisions into the South African Patents Act 1997 (the Act),…

Legal basis The legal basis for compulsory licenses under German Patent Law is under Section 24 of the German Patent Act. The German Patent Act meets the requirements of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the implementation of the Directive on the Legal Protection of Biotechnological Inventions (Directive 98/44/EC). A claim…

A patent owner has the right to exclude others from practicing its hard-earned patent.  Typically, this exclusion covers actions such as making, using, selling, offering for sale, or importing the patented invention.  In many jurisdictions, the patent owner has a legal obligation to work its invention in exchange for this exclusive monopoly.  However, under certain…