Graphene: Fast, Strong, Cheap, and Impossible to Use

Re:Graphene: Fast, Strong, Cheap, and Impossible to Use by tomp on Tuesday December 16, 2014 @04:32AM (#8756417)

I thought there exist schemes like compulsory licencing, wherein patent owners must offer their patents for licencing for a reasonable fee (of course, what is reasonable is highly debatable).

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Re:Graphene: Fast, Strong, Cheap, and Impossible to Use by pbhjpbhj on Tuesday December 16, 2014 @12:38PM (#8758146)

Yes compulsory licensing exists, under eg Article 31 of the TRIPS Agreement [1].

Certainly in the UK one of the situations considered explicitly under the Patents Act is that of an advancement to a technology not being able to come to market due to unfavourable licensing terms, or refusal of a license. In which case, in the UK, the comptroller of patents can order a license under the terms he sees fit.

A current licensee can even apply for a compulsory license; presumably if they can show the terms are particularly usurious.

[2] is a brief discussion of the situation under TRIPS, UKPA and in Austria.

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[1] http://www.wto.org/english/res_e/booksp_e/analytic_index_e/t...

[2] http://www.taylorwessing.com/synapse/ti_compulsorylicensingp...

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