US and Canadian Law on Compulsory Licensing of Intellectual Property Rights

Abstract

The relevance of scientific research lies in the fact that the article explores the theoretical and legal issues of the compulsory licensing in American and Canadian law. Compulsory licensing is a mechanism that allows the state or third parties to use intellectual property (IP) objects without the consent of the copyright holder, but with compensation. This tool is used to balance the interests of copyright holders and society, especially in cases where IP monopoly may impede access to important technologies, medicines or cultural goods. This article discusses the specifics of US and Canadian compulsory licensing legislation, as well as their practical application.The leading method of researching the problem was the deductive method, which made it possible to study the legal and social nature of the processes of using compulsory licensing in American and Canadian law. The article uses inductive method, method of system scientific analysis, comparative legal and historical methods. The leading method behind the problem is to justify the concept of carefully study of judicial practice (on the example of specific court cases) and legislation of US and Canadian compulsory licensing.The author of the article made the following conclusions. First, the convergence of US and Canadian approaches to compulsory licensing may facilitate more efficient use of this mechanism. Second, U.S. enforcement licensing jurisprudence demonstrates the importance of this tool in protecting competition and the public interest. Examples of court decisions such as United States v. Line Material Co. and eBay Inc. v. MercExchange, L.L.C., illustrate how compulsory licensing can be used to provide access to important technologies and medicines. However, its application comes with certain challenges, such as legal barriers and economic consequences. Further development of judicial practice in this area will depend on global challenges and changes in international law. Third, Canada's enforcement licensing jurisprudence demonstrates the importance of this tool in protecting the public interest, particularly in the area of access to medicines. Examples of court decisions such as Apotex Inc. v. Merck & Co. and Eli Lilly and Co. v. Canada, illustrate how compulsory licensing can be used to provide access to important technologies and medicines. However, its application comes with certain challenges, such as legal barriers and economic consequences.