Scope and duration of compulsory licensing: lessons from national experiences

TRIPS Agreement provides significant flexibility to member countries to determine the scope and duration of compulsory licences issued by them. TRIPS mandates, however, that the scope and duration of the licence must not go beyond the purpose for which the licence is issued. For countries that hav...

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Main Author:	Azmi, Ida Madieha
Format:	Book Chapter
Language:	English
Published:	Springer 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/41539/ http://irep.iium.edu.my/41539/17/CompulsoryLicensing_PracticalExperiences_Ways_Forward.pdf

id	iium-41539
recordtype	eprints
spelling	iium-415392015-03-03T03:46:34Z http://irep.iium.edu.my/41539/ Scope and duration of compulsory licensing: lessons from national experiences Azmi, Ida Madieha K Law (General) TRIPS Agreement provides significant flexibility to member countries to determine the scope and duration of compulsory licences issued by them. TRIPS mandates, however, that the scope and duration of the licence must not go beyond the purpose for which the licence is issued. For countries that have never invoked compulsory licences before, the lack of detailed provision on this offers little guidance on how to invoke such licences. This chapter examines national experiences on compulsory licences and draws lessons from them by identifying the relevant criteria in setting the scope and duration of compulsory licences. From these experiences, several observations can be made. It is essential that the terms of such non voluntary licences address the harm to be alleviated. The terms of the licences must be relevant and effective and proportionate to the harm to be alleviated. The chapter ends by suggesting that national authorities have broad discretion in terms of the scope of the licences. However, such licence must be carefully crafted to reach the specific purpose for which the licence is issued or the harm it seeks to remedy Springer 2015 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/41539/17/CompulsoryLicensing_PracticalExperiences_Ways_Forward.pdf Azmi, Ida Madieha (2015) Scope and duration of compulsory licensing: lessons from national experiences. In: Compulsory LIcensing: Practical Experiences and ways Forward. Springer, Germany, pp. 207-220. ISBN 978-3-642-54703-4
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Azmi, Ida Madieha Scope and duration of compulsory licensing: lessons from national experiences
description	TRIPS Agreement provides significant flexibility to member countries to determine the scope and duration of compulsory licences issued by them. TRIPS mandates, however, that the scope and duration of the licence must not go beyond the purpose for which the licence is issued. For countries that have never invoked compulsory licences before, the lack of detailed provision on this offers little guidance on how to invoke such licences. This chapter examines national experiences on compulsory licences and draws lessons from them by identifying the relevant criteria in setting the scope and duration of compulsory licences. From these experiences, several observations can be made. It is essential that the terms of such non voluntary licences address the harm to be alleviated. The terms of the licences must be relevant and effective and proportionate to the harm to be alleviated. The chapter ends by suggesting that national authorities have broad discretion in terms of the scope of the licences. However, such licence must be carefully crafted to reach the specific purpose for which the licence is issued or the harm it seeks to remedy
format	Book Chapter
author	Azmi, Ida Madieha
author_facet	Azmi, Ida Madieha
author_sort	Azmi, Ida Madieha
title	Scope and duration of compulsory licensing: lessons from national experiences
title_short	Scope and duration of compulsory licensing: lessons from national experiences
title_full	Scope and duration of compulsory licensing: lessons from national experiences
title_fullStr	Scope and duration of compulsory licensing: lessons from national experiences
title_full_unstemmed	Scope and duration of compulsory licensing: lessons from national experiences
title_sort	scope and duration of compulsory licensing: lessons from national experiences
publisher	Springer
publishDate	2015
url	http://irep.iium.edu.my/41539/ http://irep.iium.edu.my/41539/17/CompulsoryLicensing_PracticalExperiences_Ways_Forward.pdf
first_indexed	2023-09-18T20:59:28Z
last_indexed	2023-09-18T20:59:28Z
_version_	1777410526550163456

Scope and duration of compulsory licensing: lessons from national experiences

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