New IP resource for Pharma, Biotech and Chem – Compulsory licences, comparing national requirements

Another quick excerpt from the new book, Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation soon to be published by Oxford:

“The hurdles which must be overcome in order to obtain a compulsory licence vary considerably amongst the jurisdictions covered in this text. For example, in order to obtain a non-use compulsory licence in Australia, China, France, Germany, India, and Japan one must wait three years after the patent has been granted and establish that the reasonable rights of the public have not been met. There are various other requirements such as, for example, that one may have to attempt to obtain a licence directly for a reasonable period and demonstrate that the patentee has not satisfactorily explained the reason for failing to exploit. However, in Canada one has to prove that the patentee has abused the patent monopoly in order to obtain a compulsory licence and a similar compulsory licence exists in the United Kingdom. There are no provisions for the grant of compulsory licences in the United States apart from those governed by the Bayh-Dole regime.

There are also different types of compulsory licence which may be granted according to differing procedures in each jurisdiction. Thus, for example, a compulsory licence to manufacture and export for humanitarian purposes is available in Canada and Germany. Some jurisdictions also allow a compulsory licence to be granted where access to patented technology is required in order to work the invention the subject of another patent. A further type of compulsory licence is one that is granted in the public interest.”

As before, this is a short excerpt from one of the overview summary sections.

Just to recap, it’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries. It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press. It is topic based, so that you can see how the same issue is dealt with across the globe in one spot.

Oxford has kindly granted a 20% discount for readers of IP Think Tank. To claim your discount, just click this link (Pharmaceutical, Biotechnology and Chemical Inventions and enter the code ‘ALBUCK10′ , or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’. (Note: this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)

Just to give you a little more background, the book will be published in a 2 volume set, with about 1,800 pages. It’s designed for the in-house team – to make things way easier than they are today.

Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world:

Pravin Anand, Anund and Anund, India
John Bateman, Kenyon & Kenyon, USA
Susan Beaubien, Moffat & Co, Macera & Jarzyna LLP, Canada
Theo Bodewig, Humboldt University, Germany (Consultant Editor)
Simon Cohen, Taylor Wessing, UK
Wayne Condon, Griffith Hack, Australia
Marina Couste, Howrey LLP, France
Robert A. Dormer, Hyman, Phelps & McNamara, P.C., United States
Atsushi Hakoda, Nakamura & Partners, Japan
Juany Huang, Panawell and Partners LLC, China
Reuben E. Jacob, R. G. C. Jenkins, UK
Fabrizio Jacobacci, Studio Legale Jacobacci & Associati, Italy
Kurt R. Karst, Hyman, Phelps & McNamara, P.C., United States
Klaus Kupka, Taylor Wessing, Germany
David C. Musker, R. G. C. Jenkins, UK
Cyra Nargolwalla, Cabinet Plasseraud, France
Nina Resinek, Taylor Wessing, Germany
Toshio Takizawa, Nakamura & Partners, Japan
Koichi Tsujii, Nakamura & Partners, Japan
Klaus Schweitzer, Plate Schweitzer Zounek, Patentanwaelte, Germany
Deborah Somerville, Kenyon & Kenyon, USA
Paul Steinhauser, Arnold Siedsma, Netherlands
Nigel Stoate, Taylor Wessing, UK
Rosie Stramandinoli, Griffith Hack, Australia
Otto Swens, Steinhauser Hoogenraad, Advocaten, The Netherlands
Andreas Walkenhorst, Tergau & Pohl Patentanwälte, Germany
William Yang Panawell & Partners LLC, China
Federico Zanardi Landi, Studio Legale Jacobacci & Associati, Italy

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