Patents and compulsory licences

This note looks at compulsory licences and the situation in which a patent owner can be forced to licence their patent.

An owner can be forced to grant a compulsory licence where (s48):

a) 3 years have elapsed since the grant of the patent and

b) the applicant shows a ground for granting a compulsory licence (the grounds are found in s48(a)).

S48(a) provides for three such grounds:

a) where demands (in the UK) for a patented product is not being met on reasonable terms or

b) where a patent owner refuses to grant a licence of an ‘economically significant technology’ on reasonable terms and a patent cannot be exploited without infringing this patent, or the development of commercial activities (again in the UK) are being unfairly pre-judiced or

c) where the conditions imposed by the patent owner on the manufacture or disposal of products not covered by the patent or the development of commercial activities (again in the UK) are unfairly pre-judiced.

It should be noted that it is very rare for compulsory licences to be granted in the UK.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles

Overview of IP rights

The pandemic has caused many businesses to invest in selling their goods or services online. This has meant that many businesses have had to invest

Burberry granted injunction against Baneberry

Multi billion-dollar luxury fashion brand Burberry has been granted a preliminary injunction against Chinese copycat brand Baneberry/ The alleged infringers were discovered when Xinboli Trading