Application of Compulsory Licensing in the Context of the Covid-19 Coronavirus Pandemic

Abstract

The article reveals the features and legal grounds for the application of the mechanism of restriction of patent rights through compulsory licensing of inventions. The analysis of the legislation on the regulation of these relations is carried out. The EU experience in the use of compulsory licensing is analyzed and prospects for Ukraine are considered. Theoretical positions on the subject of research are analyzed. It is substantiated that in emergency situations the state should defend the public interests to the detriment of the interests of the patent owner and may apply a compulsory license. Compulsory licensing is a common practice and an important legal institution. The conditions and features of granting a compulsory license for objects of patent law in accordance with the provisions of Ukrainian legislation are revealed. The terms of the compulsory license are not based on the mutual consent of the licensor and the licensee but are determined by the competent state body. The correlation of the Ukrainian legislation with the international obligations of Ukraine is investigated. Analysis of foreign sources shows that compulsory licensing is one of the effective mechanisms for reaching a compromise between the public interests and the patent owner. The paper confirms the expediency of shifting the balance of interests from the patent owner to society in the context of the COVID-19 pandemic. Recommendations for improving Ukrainian legislation are provided.