European Union
United Arab Emirates
Patents (including Plant Variety Protection)
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.
The Patent Law No. 44 provides for compulsory licensing (Articles 23-33). Under this Law, the compulsory licence is granted to the third parties for one or more of the following reasons: - the invention is not being exploited - the exploitation is not sufficient to respond reasonably to the demand for the product - the exploitation has been suspended for two consecutive years - the refusal of the owner to conclude a license contract under fair terms has seriously impeded the development of industrial or commercial activities Article 27 of the Patent Law stipulates that the compulsory licence shall be granted only to the requesting person who provides the necessary guarantees that the invention will be exploited sufficiently to overcome the shortcomings, and respond to the needs, that have led to the compulsory licence being requested. Article 29 states that the granting of compulsory licence is the responsibility of the competent court, which decides on the acceptance or refusal of the request for the compulsory licence.