Mironova Alexandra Igorevna (Senior lecturer, Academy of Labor and Social Relations (Moscow); applicant, Russian State University of Justice (Moscow))
|
The article deals with the provisions concerning the institutions of open and compulsory licenses as ways of using and distributing a patented object. The key terms and conditions of granting an open and compulsory license are described, and controversial issues of applying a compulsory license are considered. The author comes to the conclusion that the institution of licensing as a way to maintain a balance between the interests of the patent owner and the society has shortcomings: the compulsory license is sought to be used as a tool to influence the patent owner with a clear violation of the interests of the latter, while the open license is granted by the copyright holder in an effort to avoid the use of a compulsory license.
Keywords:open license, compulsory license, patent owner, result of intellectual activity, exclusive rights, patent.
|
|
|
Read the full article …
|
Citation link: Mironova A. I. Open and compulsory licenses as ways to comply with the principle of balance of interests // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2021. -№05. -С. 155-160 DOI 10.37882/2223-2974.2021.05.25 |
|
|