SYSTEM OF COMPALSORY LISTNCING OBTAINING: PROBLEMS OF THEORY AND PRACTICE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article examines the issue of special regime on limiting of property rights of the patent holder to the invention and/or the utility model which are connected and/or are related to drugs according compulsory license the main feature of which is to limit the exclusive rights of the patent owner for the use of these facilities, if such use is necessary for the production of medicaments. Therefore it was concluded that compulsory license for the invention or utility model connected and/or related to medical drugs is a document issued by the legal entity in accordance with the decision of the authorized authority for a period of time, indicating way of use, the calculation of compensation offered by the owner of the patent, if the legal entity proves that it took enough efforts to get permission to use the patented invention (utility model).
Authors and Affiliations
Т. Ю. Клочко
Keywords
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