Document Type
Original Study
Abstract
Compulsory licenses were created to confront the abuse of the patent owner in its use or failure to license others to use it, which harms society as a whole. The case of compulsory licensing regarding medicines came to protect public health and, consequently, to protect the public interest of the country. The importance of the pharmaceutical industry in the world and its effective role in influencing cannot be denied. On public health, which directly or indirectly achieves the security of countries and the development of their future, the penalty of expropriation of the patent was the good penalty resulting from non-exploitation, and this penalty conflicts with the necessities of international cooperation in order to protect the inventor who owns the patent, and this is what prompted them to seek to find an alternative means of expropriation. The patent as a penalty for non-exploitation. The research deals with the nature of compulsory licensing and the cases of granting compulsory licensing in international agreements, especially in the Paris Agreement and the TRIPS Agreement.
Recommended Citation
Amana, Rana salam and Ati, Fouad Jabbar
(2023)
"Compulsory licensing of pharmaceutical patents in
accordance with an international perspective,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 3:
Iss.
2, Article 14.
Available at:
https://ijsu.researchcommons.org/ijsu/vol3/iss2/14