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Compulsory Licensing

Kianzad, Behrang LU (2020)
Abstract
Compulsory licensing is a statutorily created nonexclusive license by the competent authority granted to a third party to make, use, or sell an invention, where remuneration is paid to the right holder and the right holder maintains his legal intellectual property rights. Thus, the compulsory licensing differs from expropriation, where the property ownership is transferred and no remuneration is paid, but represents an exception to the normal exclusivity enjoyed by a right holder. Nevertheless, as compulsory licensing represents an invasive and mandatory act by the Government in citizen and undertakings property rights, there are varying views on the economic and legal implications of the concept.
Please use this url to cite or link to this publication:
author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
host publication
Encyclopedia of Law and Economics
editor
Marciano, Alain and Battista Ramello, Giovanni
edition
Living reference work
publisher
Springer Nature
ISBN
978-1-4614-7883-6
DOI
10.1007/978-1-4614-7883-6_772-1
language
English
LU publication?
no
id
ac80c062-b805-4ab0-b785-637a31ee0352
date added to LUP
2024-09-28 13:30:19
date last changed
2025-04-04 14:02:46
@inbook{ac80c062-b805-4ab0-b785-637a31ee0352,
  abstract     = {{Compulsory licensing is a statutorily created nonexclusive license by the competent authority granted to a third party to make, use, or sell an invention, where remuneration is paid to the right holder and the right holder maintains his legal intellectual property rights. Thus, the compulsory licensing differs from expropriation, where the property ownership is transferred and no remuneration is paid, but represents an exception to the normal exclusivity enjoyed by a right holder. Nevertheless, as compulsory licensing represents an invasive and mandatory act by the Government in citizen and undertakings property rights, there are varying views on the economic and legal implications of the concept.}},
  author       = {{Kianzad, Behrang}},
  booktitle    = {{Encyclopedia of Law and Economics}},
  editor       = {{Marciano, Alain and Battista Ramello, Giovanni}},
  isbn         = {{978-1-4614-7883-6}},
  language     = {{eng}},
  publisher    = {{Springer Nature}},
  title        = {{Compulsory Licensing}},
  url          = {{http://dx.doi.org/10.1007/978-1-4614-7883-6_772-1}},
  doi          = {{10.1007/978-1-4614-7883-6_772-1}},
  year         = {{2020}},
}