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ARTICLE · 16 JULY 2021

Forced License And Legal Regulation

The impact of coronavirus infection on all spheres of life, and especially on the economies of many countries drawn particular attention of states to the issue of forced licensing...

KazakhstanIntellectual Property

The impact of coronavirus infection on all spheres of life, and especially on the economies of many countries drawn particular attention of states to the issue of forced licensing of the intellectual deliverables in the health sector. Any object of industrial property (invention, utility model, or industrial design), whether it be the military industry, space industry, technology sector, pharmaceuticals, agriculture, or consumer goods, etc., is usually protected by a patent from unauthorised use. The patent holder has the exclusive right to prohibit other persons from commercialising the patented object without his/her permit in the territory of the country/region, where the patent is valid. It is the patent holder, who decides when, to whom, why, for how long, to what extent, on what financial or other commercial terms the right (license) to use the industrial property object would be granted. Such licenses issued by a patentee are voluntary.

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