Genesis of Compulsory Licensing Norms in Universal International Legal Instruments

Abstract

Compulsory licensing in intellectual property presents an institution of restriction of exclusive rights to the results of intellectual activity, which has a fairly long history of formation and development. Compulsory licensing replaced such a «rigid» mechanism for limiting the exclusive rights of the copyright holder as the rules on localization of patented objects, which were applied in the USA and European countries in the 19th — early 20th century. Compulsory licensing at the time of its origin was considered a «soft», «sparing» mechanism for limiting the exclusive rights of the copyright holder, which by the end of the 20th century acquired the features of a complex institution. This institution entails negative consequences, most often in the form of a decrease in foreign financing to an industry that has been subjected to acts of compulsory licensing, changes in the business climate, etc. Examining the genesis of the norms on compulsory licensing in universal international legal acts in the field of intellectual property, one can see that the international community in many acts has consolidated to some extent the institution of limitation of the exclusive right, which is an irrefutable proof of the value of compulsory licensing. The analysis of the institution of compulsory licensing both in Russian law and in a number of foreign countries allows us to come to the conclusion that the «negative concept» of compulsory licensing prevails.