(Compulsory) license, Australia, Compulsory Licensing Series

(Antonin Scalia Law School, George Mason University)/

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…

(Compulsory) license, Canada, Compulsory Licensing Series

(Antonin Scalia Law School, George Mason University)/ /1 Comment

Legal Analysis The legal basis for compulsory licenses under Canadian Patent law is the Canadian Patent Act (hereinafter “Patent Act”) Chapter 9. Additionally, Part 12 of Bill C-13 amends the Patent Act to permit the Government of Canada, upon the application to the Commissioner of Patents to make, construct, use and sell a patented invention to…