"Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences

Research output: Chapter in Book/Report/Conference proceeding › Encyclopedia chapter › Research › peer-review

Standard

"Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. / Kianzad, Behrang.

Concurrences. Vol. Art. N° 86433 Concurrences, 2022.

Research output: Chapter in Book/Report/Conference proceeding › Encyclopedia chapter › Research › peer-review

Harvard

Kianzad, B 2022, "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. in Concurrences. vol. Art. N° 86433, Concurrences. <https://www.concurrences.com/en/dictionary/compulsory-license>

APA

Kianzad, B. (2022). "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. In Concurrences (Vol. Art. N° 86433). Concurrences. https://www.concurrences.com/en/dictionary/compulsory-license

Vancouver

Kianzad B. "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. In Concurrences. Vol. Art. N° 86433. Concurrences. 2022

Author

Kianzad, Behrang. / "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences. Concurrences. Vol. Art. N° 86433 Concurrences, 2022.

Bibtex

@inbook{7a0a007afb984165b3542e99cc2798c3,
title = "{"}Compulsory Licensing{"} in Global Dictionary of Competition Law, Concurrences",
abstract = "Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right ({\textquoteleft}IPR{\textquoteright}) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusivity enjoyed by a right-holder. The legal basis for compulsory licensing is found in the TRIPS Agreement, the Paris Convention, but also in national systems of intellectual property law. As compulsory licensing represents an intrusive act by the Government into property rights, there are varying views on the economic and legal implications of the concept. In exceptional circumstances it may be that a competition authority may order the licensing of intellectual property (or analogous) rights where a refusal to licence them amounts to an abuse of a dominant position.",
keywords = "Faculty of Law, compulsory licensing, TRIPS agreement, competition Law, Intellectual Property Law",
author = "Behrang Kianzad",
year = "2022",
language = "English",
volume = "Art. N° 86433",
booktitle = "Concurrences",
publisher = "Concurrences",

}

RIS

TY - ENCYC

T1 - "Compulsory Licensing" in Global Dictionary of Competition Law, Concurrences

AU - Kianzad, Behrang

PY - 2022

Y1 - 2022

N2 - Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusivity enjoyed by a right-holder. The legal basis for compulsory licensing is found in the TRIPS Agreement, the Paris Convention, but also in national systems of intellectual property law. As compulsory licensing represents an intrusive act by the Government into property rights, there are varying views on the economic and legal implications of the concept. In exceptional circumstances it may be that a competition authority may order the licensing of intellectual property (or analogous) rights where a refusal to licence them amounts to an abuse of a dominant position.

AB - Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusivity enjoyed by a right-holder. The legal basis for compulsory licensing is found in the TRIPS Agreement, the Paris Convention, but also in national systems of intellectual property law. As compulsory licensing represents an intrusive act by the Government into property rights, there are varying views on the economic and legal implications of the concept. In exceptional circumstances it may be that a competition authority may order the licensing of intellectual property (or analogous) rights where a refusal to licence them amounts to an abuse of a dominant position.

KW - Faculty of Law

KW - compulsory licensing

KW - TRIPS agreement

KW - competition Law

KW - Intellectual Property Law

M3 - Encyclopedia chapter

VL - Art. N° 86433

BT - Concurrences

PB - Concurrences

ER -

ID: 327939177