Rationalising the Regime of Compulsory Patent Licensing by the Essential Facilities Doctrine
19 Pages Posted: 9 May 2011
Date Written: November 1, 2008
Abstract
Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability
Suggested Citation: Suggested Citation
Liu, Kung-Chung, Rationalising the Regime of Compulsory Patent Licensing by the Essential Facilities Doctrine (November 1, 2008). Available at SSRN: https://ssrn.com/abstract=1831302 or http://dx.doi.org/10.2139/ssrn.1831302
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