This thesis focuses on establishment of compulsory license to the patented invention, particularly pharmaceutic patent for public interests.
With a view to promoting the development of technology and industry, Patents Act grants patentees an exclusive...
This thesis focuses on establishment of compulsory license to the patented invention, particularly pharmaceutic patent for public interests.
With a view to promoting the development of technology and industry, Patents Act grants patentees an exclusive right to exploit the patented invention.
For the purpose of the same goal, on the other hand, Patents Act imposes a few limits upon the exclusive right of patentees.
A compulsory license is one of limit upon patent right. A compulsory license is not an exceptional management from outside, it already exists in the inside of the right in view of the fact that Patent is the right granted artificially to contribute to the development of industry,
Particularly pharmaceutic patent is closely related to human life directly or indirectly, accordingly it has been discussed internationally to establish compulsory license to pharmaceutic patent for public interests. Regarding this problem, advanced countries and undeveloped countries are at issue with each other.
This thesis examines our position about compulsory license to pharmaceutic patent considering the degree of industrial development, especially the reality of pharmaceutic industry where Multinational Corporation of foreign country produces the most medicine. In case of Korea, there is necessity for compulsory license in wide range in comparison with advanced countries such as Canada, Britain, Germany, France and so on within the limits of Agreement on TRIPs.
In view of the above statements, this thesis raises several problems of compulsory license under the Patent Act of Korea and proposes their solution.
First of all there needs the realistic interpretation of the requirements for public interests and the flexible viewpoint about compulsory license to pharmaceutic patent. It is finally submitted in this thesis that statutory provisions on compulsory license are designed as an efficient means of promoting goals of the Patents Acts and, also, that terms, conditions and procedures for compulsory license will have to be amended to make a better balance between the interests