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.
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.
[1] http://www.wto.org/english/res_e/booksp_e/analytic_index_e/t...[2] http://www.taylorwessing.com/synapse/ti_compulsorylicensingp...