Int. Lizenz- und Patentrecht > Compulsory Licenses

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A holds a patent on a COVID drug that is urgently needed during a pandemic. B produces the drug despite not having a license in order to ensure supply. A sues for injunctive relief and damages.

Question: Can B invoke a compulsory license and thus continue to use the drug in return for payment of a fee set by the court?

A owns a patent on a process for manufacturing CDs according to the Orange Book standard. B offers a license on FRAND terms, but A demands excessive fees. B produces CDs anyway. A sues for an injunction and higher payments.

Question: Must B cease production, or will he be granted a compulsory license and only pay reasonable compensation?

A holds a patent on a special burlapped barrel system that is not legally required in the chemical industry for the transport of hazardous substances; nevertheless, it is not possible to buy or sell hazardous substances on a large industrial scale without using precisely this type of barrel. B manufactures burlap barrels without a license after A refuses to grant him a license despite repeated requests. A sues for injunctive relief and damages.

Question: Can B invoke a compulsory license so that the claim for injunctive relief is waived and he only has to pay reasonable compensation?

Encryption Method

A is the owner of a patent on an encryption method that is a mandatory component of the 5G standard. A offers B a license based on the criteria that it offers to all other market participants and which are also accepted by the market participants. B seeks a more favorable license, but A blocks the negotiations. B launches its products on the market anyway. A sues for injunctive relief and license fees.

Question: Is A entitled to an injunction, or can B continue to use the patent under a compulsory license and simply pay a reasonable fee?

A holds a patent on a process for manufacturing particularly strong glass bottles. B negotiates a license with A, but deliberately offers only extremely low payments and nevertheless launches bottles on the market. A sues for injunctive relief and damages.

Question: Can B invoke a compulsory license here, or does A's claim for injunctive relief remain valid because B has not made any serious efforts to obtain a license?