Archive for January 5th, 2010
Dissertation Summaries (9) – LLM in IP and Competition Law 2009-2010
Comparative Law Systems of Compulsory Licenses: Challenges to Environmental Technology Transfer – Vianney Dessenne
In essence, a compulsory license is a public, mandatory, measure which forces the holder of a patent, copyright or of any other exclusive right to concede a license for its use to the State or to other natural and legal persons. Usually, the holder gets compensated through royalties set by contractual negotiation, law or arbitration proceedings. Many national patents law systems provide for the granting of compulsory licenses in a variety of settings. The Paris Convention of 1883 also provides that each contracting State may take legislation measures to that aim. Finally, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) sets out specific provisions that must be followed should a compulsory license be issued. The purpose of this study is to comparatively review the main legal regimes of compulsory license and, in turn, to discuss whether compulsory licenses are an adequate instrument for the dissemination of environmental innovation. This view, which has gained momentum lately in the context of the Copenhagen summit, conflicts with the more widespread thesis that technology transfer is enhanced by stronger level of patent protection, networks for research collaboration, etc.
Chillin'Competition 