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Encyclopedia > Compulsory license
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A compulsory license is a license to use a patent, copyright, or other exclusive right that a government forces the holder to grant to others. Jump to: navigation, search A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or substance (known as an invention) which is new, inventive... Jump to: navigation, search For copyright issues in relation to Wikipedia itself, see Wikipedia:Copyrights. ... Jump to: navigation, search In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ...

Examples in copyright law

A compulsory copyright license forms an exception to copyright law that is usually philosophically justified as an attempt by the government to correct a market failure. The expression limitations and exceptions to copyright refers to situations in which the exclusive rights granted to authors (or their asignees) under copyright law do not apply. ... Jump to: navigation, search In economics, a market failure is a situation in which markets do not efficiently organize production or allocate goods and services to consumers (for example, a failure to allocate goods in a way some see as socially or morally preferable). ...

Some compulsory licenses protect those who wish to use a work for educational or non-commercial purposes. In cases when it is judged too burdensome for scattered or small-scale buyers and sellers to find one another and negotiate a price, governments sometimes issue a compulsory license for the use so that the relative difficulty of obtaining permission for it does not extinguish it. For instance, the copyright law of Canada has a compulsory license scheme for orphaned works. In these types of cases, the license must often pass the Berne three-step test. Orphaned works are, broadly speaking, any copyrighted works where the rights holder is hard to find. ... The Berne three-step test is a set of constraints on the limitations and exceptions to exclusive rights under national copyright laws. ...

United States copyright law establishes compulsory licenses as the normal way of buying rights to play popular music on a radio station, for many television transactions, and for use of broadcasted audiovisual works (such as TV shows) in cable television systems. Jump to: navigation, search The power to enact United States copyright law is granted in Article One, section 8, of the United States Constitution, which states: The Congress shall have Power. ... Broadcasting is the distribution of audio and video signals (programs) to a number of recipients (listeners or viewers) that belong to a large group. ... Coaxial cable is often used to transmit cable television into the house Cable television or Community Antenna Television (CATV) (often shortened to cable) is a system of providing television, FM radio programming and other services to consumers via radio frequency signals transmitted directly to people’s televisions through fixed optical...

Examples in patent law

Compulsory licensing of patents is sometimes used to encourage maximum deployment of beneficial new technology. Some countries will force an inventor to sell the rights to his work at a government-specified price if he fails to "work" his patent or is seen as gouging the prospective buyers. The U.S. Clean Air Act weakens patent protection on technology that makes it easier to meet air pollution standards. A Clean Air Act may be one of a number of pieces of legislation relating to reduction of smog and atmospheric pollution in general. ...

In other cases, the compulsory license is used as a seizure power akin to eminent domain. Governments often appropriate the patent rights to technologies they intend to incorporate into infrastructure, civil engineering, war production, or government-funded science projects. By law, the U.S. government can declare an atomic-energy invention or discovery "affected with the public interest." The researcher is still compensated, but he will sell the rights, and for a state-determined amount. Jump to: navigation, search Eminent domain (US), compulsory purchase (England and Wales), compulsory acquisition (Australia) or expropriation (South Africa) in common law legal systems is the power of the state to appropriate private property for its own use without the owners consent. ... Jump to: navigation, search In modern usage, civil engineering is a broad field of engineering that deals with the planning, construction, and maintenance of fixed structures, or public works, as they related to earth, water, or civilization and their processes. ... Jump to: navigation, search This article is about power derived from nuclear reactions. ...

These licenses are also used as a tool for resolving antitrust disputes by counteracting the monopolistic use of patents. Antitrust or competition laws, legislate against trade practices that are claimed to undermine competitiveness or are considered to be unfair. ...

In some countries, health care is so heavily subsidized that a significant portion of a government's budget is spent on medication. The threat of compulsory licensing helps negotiate a lower price for patented drugs. But in policy responses to health threats posed by serious infectious disease, compulsory licensing can become a highly charged political issue.

When Western pharmaceutical companies develop and manufacture drugs effective against malaria, HIV/AIDS, tuberculosis, and other common Third World ailments, poor countries and activist NGOs often target their intellectual property for seizure. For example, Mozambique, Zambia, and Zimbabwe all issued compulsory licenses for antiretroviral drugs in 2004, allowing generic manufacturers in India and Africa to produce AIDS drugs without buying the patent rights to do so. The patent holder typically gets royalties in the 0-2.5% range, in order to keep the final price as low as possible. International disagreements sometimes break out between the patent holder's government and the compulsory licensee's government, each trying to protect its own biotech industry. Jump to: navigation, search Red blood cell infected with Malaria (Italian: bad air; formerly called ague or marsh fever in English) is an infectious disease which in humans causes about 350-500 million infections and approximately 1. ... Jump to: navigation, search The human immunodeficiency virus, commonly called HIV, is a retrovirus that primarily infects vital components of the human immune system such as CD4+ T cells, macrophages and dendritic cells. ... Jump to: navigation, search The Red Ribbon is the global symbol for solidarity with HIV positive and people living with AIDS. The Red Ribbon made its public debut when host Jeremy Irons wore it during the 1991 Tony Awards. ... Jump to: navigation, search Tuberculous lungs show up on an X-ray image Tuberculosis is an infection with the bacterium Mycobacterium tuberculosis, which most commonly affects the lungs (pulmonary TB) but can also affect the central nervous system (meningitis), lymphatic system, circulatory system (miliary TB), genitourinary system, bones and joints. ... NGO is an abbreviation or code for: Non-governmental organization Nagoya Airport (IATA code) This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Jump to: navigation, search Antiretroviral drugs are medications for the treatment of infection by the retrovirus HIV. Different antiretroviral drugs act at various stages of the HIV life cycle. ... // Etymology World map showing Africa (geographically) The name Africa came into Western use through the Romans, who used the name Africa terra — land of the Afri (plural, or Afer singular) — for the northern part of the continent, as the province of Africa with its capital Carthage, corresponding to... Jump to: navigation, search A royalty is a sum paid to the creator of performance art for the use of that art. ... Biotechnology is technology based on agriculture, food science, and medicine. ...

In designing defenses against pandemics or bioterrorism, planners sometimes seek huge supplies of antibiotics. Here, the issue is not so much the cost per dose as the number of doses on the market. Many modern drugs have long production cycles, sometimes as long as a year, so the drug companies must always estimate future demand for their patented drugs and vaccines. The number of victims in a flu pandemic or anthrax attack could exceed any reasonable prediction, and for the original maker to increase production could itself be a lengthy process. Disaster response plans often call for compulsory licenses to drastically increase the supply, with the patent holder's royalties usually in the 4 to 6 percent range. Jump to: navigation, search A pandemic, or global epidemic, is an outbreak of an infectious disease that affects people or animals over an extensive geographical area (from Greek pan all + demos people). ... Bioterrorism is terrorism using germ warfare, an intentional human release of a naturally-occurring or human-modified toxin or biological agent. ... An antibiotic is a drug that kills or slows the growth of bacteria. ... Negatively stained flu virions. ...

  Results from FactBites:
License - Wikipedia, the free encyclopedia (574 words)
In law, the document is the evidence of a license to be distinguished from the underlying license which is the actual permission to an act in a way that would be otherwise unlawful.
Originally in reference to property, a license was the right of an individual to enter upon the property of another to do an act that would have otherwise been considered illegal as a trespass, such as walking in the woods, hunting game or swimming in the lake.
To be distinguished from a license coupled with an interest which is an irrevocable license that granted some interest in land or in a chattel.
  More results at FactBites »



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