Managing Intellectual Property

Lawyers back limited compulsory licensing

08 September 2008

James Nurton, Boston

Delegates at the 41st AIPPI Congress have supported a resolution on public health that provides for an experimental use exception, a broader version of the US Bolar exception and compulsory licensing “in exceptional and strictly defined circumstances”

The resolution, which was supported by 102 national delegations with 10 voting against, is one of four that are being voted on during the Congress, which is being held this week.

The resolutions are the result of research on the law in many different countries, and recommend common ground to promote harmonisation of laws.

The paragraph on compulsory licensing in the resolution proved one of the most controversial aspects, with the US delegation initially proposing that it be deleted on the grounds that “it would put AIPPI on record as supporting compulsory licensing” and could be...



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