A Paper Tiger? Compulsory License Regimes for Public Health in Europe
Esther van Zimmeren
University of Leuven
Geertrui Van Overwalle
KU Leuven - Centre for IT & IP Law (CiTiP)
December 1, 2010
International Review of Intellectual Property and Competition Law (IIC), January 2011
Lately, specially tailored compulsory license mechanisms aimed at serving public health have been established in France, Belgium and Switzerland. The introduction of these mechanisms was triggered by the controversy surrounding diagnostic gene patents. The present paper describes the (ongoing) global controversy and the conventional compulsory licenses, critically examines the newly introduced compulsory license mechanisms and compares them with the conventional compulsory license regimes.
Number of Pages in PDF File: 37
Keywords: Patents, Licenses, Compulsory Licenses, License of Right, Public Health
JEL Classification: I18, K11, O32, O34, H51
Date posted: December 2, 2010
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