Compulsory License Case Study: An Introduction to Competing Patent Perspectives
Compulsory License Case Study: An Introduction to Competing Patent Perspectives
This chapter builds upon the basic rules for compulsory licenses under TRIPS (Chapter 5) and also provides a complementary examination of compulsory licenses. It introduces competing patent perspectives; it provides a case study of Thailand's recent compulsory licenses to explain some of the confusion and controversy concerning them. In particular, the lens of competing perspectives is used to provide an enriched understanding of why there has been so much confusion concerning compulsory licensing. In addition, this introduction to competing patent perspectives constructs a framework for subsequent chapters that revisit how such perspectives have played a role in issues involving access to medicine.
Keywords: TRIPS, compulsory licensing, Thailand, licensing law, patent law, access to medicine
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