Patent Law (UK) - Crown Use and Non-Voluntary Licenses Flashcards
On overview of crown use and non-voluntary licensing for patents in the UK.
What is the primary purpose of a License of Right (LOR)?
To provide access to a patent for any person without further permissions.
Explanation: LOR facilitates broad access to patented inventions while ensuring fair terms for the proprietor and promoting competition.
Licensing allowing commercial monopolies is a characteristic of compulsory licenses under TRIPS?
True or False
False - licensing doesn’t allow commercial monopolies within international markets.
Explanation: TRIPS strictly prohibits commercial monopolies and ensures licenses are non-exclusive and primarily for domestic markets.
Under what conditions can infringement damages be capped at double the license fee for a License of Right?
If an infringer agrees to pay for the license before proceedings conclude.
Explanation: This rule under PA 1977, Section 46(3)(c) encourages compliance with licensing obligations before court rulings.
Which of the following falls under Crown use according to the Patents Act 1977?
Production of drugs for NHS supply.
Explanation: Crown use includes public service purposes, such as supplying essential drugs, rather than personal or unrestricted commercial use.
What is the test for determining reasonable remuneration in the context of compulsory licenses?
The agreement between a willing licensee and a willing licensor.
Explanation: Fair terms replicate what two parties would typically negotiate in a non-coercive context (Allen & Hanburys v Generics [1986]).
Licenses of Right were introduced in the UK to address anti-competitive behaviour and balance extended patent terms.
True or False
True
Explanation: LOR provisions ensure fair access to patented inventions, particularly during the four-year extension granted by the Patents Act 1977.
Compulsory licenses under WTO rules can only be granted five years after a patent’s filing.
True or False
False
Explanation: TRIPS mandates a four-year waiting period after filing, or three years post-grant, before compulsory licenses can be issued.
Crown use provisions allow patents to be exploited commercially without compensation to the proprietor.
True or False
False
Explanation: Crown use requires compensation to patent proprietors, aligning with the “willing licensor-willing licensee” principle.
Under TRIPS, prior notification to the patent holder is mandatory unless a public health emergency exists.
True or False
True
Explanation: TRIPS waives the need for prior notification in cases of national emergencies or public health crises.
Crown use extends to inventions covered by patent applications, not only those with granted patents.
True or False
True
Explanation: PA 1977, Section 56(1) specifies Crown use applies to both granted patents and pending applications.
What are the benefits of applying for a License of Right for a patent proprietor? Include at least two points.
Reduces renewal fees by half, easing financial burdens.
Potentially increases licensing prospects by making the patent more accessible and visible on public registers.
Explain the difference between compulsory licensing for public health emergencies and regular compulsory licensing under TRIPS.
Public health emergency licensing allows waiving prior notification and expedited processes, prioritizing access to life-saving drugs.
Regular licensing follows stricter timelines and negotiation efforts without urgent exceptions.
What steps must a government department take to justify Crown use under the Patents Act 1977?
Establish that the use is for public service or statutory duty purposes.
Notify the patent proprietor unless contrary to public interest.
Provide adequate compensation, reflecting market norms.
Identify and explain two specific statutory limitations on the scope of compulsory licenses in the UK.
Licenses must be non-exclusive, ensuring proprietors retain some control (TRIPS Article 31(d)).
They cannot be assigned independently from the business benefiting from them (TRIPS Article 31(e)).
Name one case that established the requirement of fair pricing when setting the terms of a compulsory license. Briefly explain its significance.
Allen & Hanburys v Generics (UK) [1986]: This case emphasized fair remuneration, ensuring patent holders are compensated as if negotiating with a willing licensee under normal market conditions.
