Intellectual Property Rights in Competition Law: Compulsory License Issues in Developing Countries
Posted: 26 Mar 2013 Last revised: 22 Nov 2013
Date Written: March 24, 2013
The aim of this article is to contribute to the debate on the interplay between intellectual property (patents) and competition law. It examines compulsory licenses for patents under competition law. It looks at the principles and doctrines applied, particularly for public interest; relevant cases in the EU and US courts; as well as the situation in certain developing countries. This paper considers the cases in Brazil and, in particular, South Africa. It is argued herein that developing countries may benefit from US and EU experiences in patent-related competition law cases to the extent that they promote policies adapted to domestic needs. Finally, it explores application of the TRIPS Agreement Article 31(k) to facilitate access to medicines in developing countries and certain implementation questions that may arise.
Keywords: competition law, intellectual property, developing countries, Brazilian competition law, compulsory licensing and competition law, TRIPS Article 31(k)
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