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 circumstances, a patent owner may be obligated to grant a compulsory license (e.g., a non-exclusive license) to allow a third party to work the patent without the patent owner’s consent, in exchange for good and valuable consideration.

This multi-part series will examine a slice of the global compulsory licensing landscape, including a look at the following countries: Argentina, Australia, Brazil, Canada, Germany, India, Indonesia, Japan, Mexico, New Zealand, Philippines, Russia, Saudi Arabia, Singapore, South Africa, Thailand and the United States.

The contributing authors to this series are all recent law school graduates with backgrounds in intellectual property from law schools across the U.S. They are: Neemesh Chheda, Somto Kizor, Liat Martinez, Saloni Mathur, Anantaa Saxena and Radhi Shah. Lisa Mueller, with over 25 years’ experience in life sciences IP and a shareholder at Casimir, Jones in Madison, Wisconsin, served as recruiter, coordinator, and editor for this extensive look at this critical topic. Many thanks to Veronica Canton from the American Bar Association for her assistance in supporting this project.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF