Applicability of compulsory license under the Zambian Patent law
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Date
2013-10-29
Authors
Mwalongo, Buchisa K.
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Abstract
This research is about applicability of compulsory license at the local and international plane. A compulsory license is a mechanism governments use to grant licenses to third parties to exploit an invention. This type of license is granted either by an administrative authority or judicial body. This type of license is granted without the consent of the patent holder. It is also a means of technological transfer of intellectual property rights.Under the current Zambian patent law regulating compulsory licenses, adequate compensation is not provided for. This may lead to stifling of the advancement of science and technology which is the bedrock of wealth creation. The research will make comparisons of the applicability of compulsory license with other jurisdictions. It will also look at the applicability of compulsory license according to Article 31 of the TRIPS Agreement.Lastly, this paper will also make recommendations about the changes to be made to the current patent legislation in order to include the provisions contained in article 31 of the TRIPS Agreement.
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Patent laws legislation-Zambia