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Title

GROUNDS FOR GRANTING COMPULSORY LICENSING OF INTELLECTUAL PROPERTY RIGHTS

Pages

 Start Page 131 | End Page 164

Abstract

 The present research attempted to explore the grounds for granting COMPULSORY LICENSEs of INTELLECTUAL PROPERTY RIGHTS and the possibility of granting this kind of license in Iranian legal system. Granting of COMPULSORY LICENSEs is possible both in the fields of copyright and industrial property rights. According to the related international instruments such as Paris Convention for the Protection of Industrial Property, Bern Convention for the Protection of Literary and Artistic Works, TRIPs Agreement and Rome Convention as well as the national laws of many countries, COMPULSORY LICENSEs are granted generally in two grounds: when the right holder abuses his rights and when protection of PUBLIC INTERESTs such as public health, national defense and correction of anti competitive practices are necessary. Apart from the draft of Iranian patent law and the draft of "Competition Enhancement and Monopoly Regulation", both of which are under review by the Islamic Parliament (Majlis), there are no specific provisions regarding the licenses. However, granting of compulsory licensing may be legally acceptable with respect to Iran's membership in Paris Convention for the Protection of Industrial Property. The general rule of "prohibition of ABUSE OF RIGHT" under the 40thprinciple of the Iranian Constitution Law may also be another legal basis for compulsory licensing in the case of the abuse of monopoly rights by the IP right holders.

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