Titlebook: Compulsory Licensing; Practical Experience Reto M. Hilty,Kung-Chung Liu Book 2015 Springer-Verlag Berlin Heidelberg 2015 Government use.TRI

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Compulsory Licensing in Germanylaw are of particularly high relevance. In short, German competition law obliges the holder of a patent, which is essential in a standard to grant a licence on terms that are fair, reasonable, and non-discriminatory (FRAND). Users of such patents can also raise a so-called competition law defence ag

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Refusal to Licence as an Abuse of Market Dominance: From Commercial Solvents to Microsoftmore or less independently of his or her competitors, customers, and ultimately consumers. The extent of the relative immunity from competition depends on a number of factors, from the specific characteristics of the protected subject matter through to the structure of the relevant market. In extrem

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Recognised and Appropriate Grounds for Compulsory Licences: Reclaiming Patent Law’s Social Contracthe chapter uses that background to analyse whether patent law’s social contract is a reason in favour of compulsory licensing. The chapter finds that compulsory licensing is worthy of thorough consideration in order to promote competition. However, whether competition is promoted will be fact specif

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Prior Negotiation and Remuneration for Patent Compulsory Licensing: Practice, Problem, and Proposalw of the historical negotiating process and current practice in different jurisdictions shows that “prior negotiation”, designed as a procedure to protect patent holders, is interpreted differently among WTO members due to the ambiguity of the TRIPS Agreement. Art. 31 of the TRIPS Agreement leaves g

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The Requirements for Compulsory Dependency Licences: Learning from the Transformative Use Doctrine iherto, this provision is of very limited practical relevance; in fact, there is almost no case law and only a little amount of literature on Art. 31 (l) TRIPS. Essentially, the paper argues in favour of a functional and relative approach to the interpretation of the main Art. 31 (l) TRIPS condition,

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Compulsory Licences of Pharmaceutical Patents to Remedy Anti-Competitive Practices Under Article 31(a compulsory licence to be exported to patients in less-developed countries upon satisfaction of specific criteria, it is unclear whether this mechanism provides a satisfactory legal framework to enable sufficient life-saving drugs to reach those who are unable to pay the full prices charged by the

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Denial of Injunctive Relief on Grounds of Equity: Situation in the U.S. and Japanal remedy that courts may grant in their discretion in cases where common law remedies like damages fail to provide effective protection. However, the courts in the United States had almost automatically granted injunctions until the 2006 Supreme Court decision in ., which has dramatically changed t