სავალდებულო ლიცენზირების ასპექტები საპატენტო სამართალში

Abstract

This issue is not new in international patent law. However, this institution was abolished in the Georgian legislation in 2010-2017 and its re-formulation has become active after it was put in the agenda in accordance with the provisions of Chapter IV (Intellectual Property Rights) of Chapter 4 (Intellectual Property Rights) between Georgia and the European Union and the European Union and their Member States. The necessity of fulfilling the undertaken liabilities and to bring the Georgian legislation in line with the above-mentioned agreement, as well as the aspects related to the intellectual property rights trade (TRIPS) and the EU legislation. The presented scientific article Aspects of Compulsory Licensing in Patent Law concerns with a topical issue such as mandatory licensing of a patented invention and / or utility model within the territory of Georgia without the permission of patent owner, which combines the principles of compulsory licensing, as well as the mentioned licensing procedures and procedure for issuing the compensation to the patent holder. The authors have studied the issues of compulsory licensing in Georgian patent law in this article, as well as the international agreements related to the issue of compulsory licensing themes. The introduction reviews the exclusive rights of the patent holder and the grounds for restricting those rights. The first chapter provides a legal analysis of the international agreements where we find the regulatory norms for involuntary / compulsory licensing of patents. The authors discuss the issues of compulsory licensing in the Georgian patent system in the second chapter. This problem is very relevant, interesting and innovative from the legal point of view, because with the issue of compulsory licensing, the rule of granting compensation to the patent owner is activated, which in itself is related to his property rights, and finally the main directions of the compulsory license that we find in the international patent and national system are reconciled and summarized.