Open and compulsory licenses as ways to comply with the principle of balance of interests

Mironova Alexandra Igorevna

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.