Abuses of patent monopoly: A legal appraisal

Abstract

The patent monopoly is abused when the economic and social objectives of the patent system are jeopardized by the behaviour of the patentee. The monopoly could be abused by: Insufficient disclosure of the invention; lack of use or inadequate use of the patented invention; and abusive practices in licensing agreements. The paper considers the legal remedies towards controlling abuses with especial emphasis on the compulsory licensing system. It shows that the compulsory licensing remedy has proved to be unsatisfactory and that a thorough re-examination of the subject, at the national and international levels, is called for, bearing in mind the needs of developing countries.