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Compulsory license

 

Compulsory license

A compulsory license is a license to use a patent, copyright, or other exclusive right that a government forces the holder to grant to others.

Examples in copyright law

A compulsory copyright license forms an exception to copyright law that often must pass the Berne three-step test.

United States copyright law recognizes compulsory licenses for use of musical works in sound recordings and for uses of broadcasted audiovisual works (such as TV shows) in cable television systems.

The copyright law of Canada has a compulsory license scheme for orphaned works.

Examples in patent law

Compulsory patent licenses are a relaxation of patent requirements given to governments during the World Trade Organization's 4th Ministerial Conference in 2001 to meet emergency needs for patented products (like life saving medications). The governments have the right to decide what constitutes an emergency situation in their country.


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