CONSIDERATION OF PUBLIC INTERESTS IN COMPULSORY LICENSING OF PATENT RIGHTS OBJECTS

Abstract

Compulsory licensing remains one of the most controversial institutions of intellectual property law, the subject of disputes between scientists and law enforcement at the level of both national law and international cooperation in this field. Regardless of the attitude towards this institution and the limits of its use in civil turnover, experts agree that public interest is the necessary basis for issuing a compulsory license. However, there is no common understanding of such interest and of the limits of interpretation of its content. The author investigates the problem taking into account the experience of foreign countries in the field.