Consider the following statements regarding ldquo Compulsory licensing rdquo under Patent law A gove...........

Economic Affairs Intellectual Property Rights (IPR)

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Consider the following statements regarding “Compulsory licensing” under Patent law

A government can allow someone else to produce a patented product or process without the consent of the patent owner.
The patent owner has a right to be paid compensation for copies of the products made under the compulsory licence.

Select the correct statement.

1 only

2 only

Both

None

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Explanation:

Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself. It is one of the flexibilities in the field of patent protection included in the WTO’s agreement on intellectual property — the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement.

The patent owner still has rights over the patent, including a right to be paid compensation for copies of the products made under the compulsory licence.

Hence both statements are correct.