what does compulsory license mean

Full Answer

Should we require licensing?

We need a licence as a proof of qualification for driving, teaching, doctoring and many more things. We believe that these things require professional qualification because it’ll be dangerous to have unqualified people perform these jobs. Parenting is not an easy job. How a child is raised shape the kind of person they become in future.

What licenses or permits do I Need?

What Type of Business Licenses Are There?

• General Business License. Identifies where and what jurisdiction covers a business and ensures that the proper taxing authorities are collecting revenue.
• Professional or Occupational License. ...
• Health Department Permit. ...
• Home Occupation Permit. ...
• Sales Tax License or Registration. ...
• Withholding Tax Registration. ...
• Fire Department Permits. ...
• Zoning Permits. ...

What are the compulsory subjects for law?

WAEC Subject Combination For Law

• Mathematics
• English language
• Literature in English
• Government
• Commerce
• CRS/IRS
• Biology science
• Agricultural science
• Economics

Is a permit considered a license?

The distinction between a license and a permit is subtle but important. If you look up the definitions for both, you'll see the other mentioned as a synonym: A "license" is defined as a "permit," and vice versa. Licenses are more general, granting permission to do something or use something.

What is the meaning of compulsory Licence?

What is compulsory licensing? 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.

Why is a driver's license compulsory?

Compulsory license is an authorization granted by the Government to someone else i.e., a third party to produce a patented product without the consent of the patent owner who has been taking undue advantage of exclusive rights granted by patent.

How many types of compulsory license are there?

How many Compulsory Licenses have been issued in India? Only 1 compulsory license has been issued in India by the Patent Office on March 9, 2012. The license was issued to Natco Pharma for the generic production of Bayer Corporation's Nexavar, which is a life-saving medicine used for treating Cancer(Liver & Kidney).

What is a compulsory mechanical license?

The clause in copyright law that grants permission to anyone wishing to re-record a song that has already been commercially released.

Which industries are to be given compulsory licensing?

The industries requiring compulsory licensing are:Distillation and brewing of alcoholic drinks.Cigars and cigarettes of tobacco and manufactured tobacco substitutes.Aerospace and defense equipment.Industrial explosives -including detonating fuses, safety fuses, gun powder, nitrocellulose and matches.More items...

Which industries require Indian license?

Industries subject to compulsory licensing in India Tobacco items. Defense aerospace and warships. Hazardous chemicals. Industrial explosives.

What are the terms and conditions of compulsory license?

Terms and conditions of a compulsory licence the patentee's investment in the invention; the workability of the patentee's invention by the applicant; the selling price of the patented articles (at affordable prices); and. the term of the licence.

Does trips allow compulsory licensing?

A compulsory licence (CL) is a licence granted by the government to allow the use of a patented invention without the permission of the patent holder. Virtually all patent laws contain provisions for compulsory licensing, which is allowed under TRIPS.

What is the procedure for seeking a compulsory license?

An interested party may file the application for a compulsory licence online or on paper via Form 17, along with a prescribed fee, with the Indian patent office.

Can I perform music in public?

When to get permission. If you perform music in public, or play recorded music in public, such as at a club, restaurant, concert, on the radio, or streaming on the web, you might need to obtain a public performance license.

Who needs a mechanical license?

Simply stated, a mechanical license is required under U.S. Copyright Law if you want to manufacture and distribute recordings of compositions written by someone other than yourself. They ensure that the music publisher, and ultimately the songwriter, gets compensated for the use of their work.

How does a mechanical license work?

A mechanical license is an agreement between a music user and the owner of a copyrighted composition (song), that grants permission to release the song in an audio-only format (interactive audio streams, digital downloads, CDs, vinyl). This permission is also called mechanical rights.

Is there a right to travel without a driver's license in the United States?

Not without a valid driver's license. No matter which state you live in, you are required by law to have a valid driver's license and all endorsements needed for the type of vehicle you are operating, e.g., motorcycle endorsements, commercial vehicle endorsements, etc.

What are the advantages of using driving licence?

A driving licence allows you to legally drive your vehicle on the road. It is a relevant permit from the government of India and hence driving without one is illegal.

What are the benefits of licensing?

Advantages of LicensingThe licensor being able to utilize the licensee's distribution network to quickly enter into new geographical regions and foreign markets.The licensor facing lower capital requirements and lower costs due to not having to invest in distribution.More items...•

Do you need a license to drive in the United States?

Driving a car without a driver's license is illegal. To acquire a driver's license, you must apply for one at your local Department of Motor Vehicles (DMV), which can have a different name in some states.

What is a compulsory license?

A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others.

How does compulsory licensing work?

Compulsory licensing may be established through negotiating licenses that provide terms within the parameters of the compulsory license. Essentially compulsory licensing provide that copyright owners may only exercise the exclusive rights granted to them under copyright law in a certain way and through a certain system.

What is a compulsory license for non-dramatic music?

The compulsory license for non-dramatic musical compositions under Section 115 of the Copyright Act of 1976 allows a person to distribute a new sound recording of a musical work, if that has been previously distributed to the public, by or under the authority of the copyright owner.

Which article of the Berne Convention provides the legal basis for compulsory licensing?

Berne Convention. Article 11bis (2) and Article 13 (1) of the Berne Convention for the Protection of Literary and Artistic Works provide the legal basis for compulsory licensing at the international level.

What is the difference between statutory and compulsory license?

Under statutory license, the rate is fixed by law, whereas in case of compulsory license, the rate is left to be negotiated or decided in court.

What is a TRIPS license?

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) also sets out specific provisions that shall be followed if a compulsory license is issued, and the requirements of such licenses. All significant patent systems comply with the requirements of TRIPs. The principal requirement for the issue of a compulsory license is that attempts to obtain a license under reasonable commercial terms must have failed over a reasonable period of time. Specific situations in which compulsory licenses may be issued are set out in the legislation of each patent system and vary between systems. Some examples of situations in which a compulsory license may be granted include lack of working over an extended period in the territory of the patent, inventions funded by the government, failure or inability of a patentee to meet a demand for a patented product and where the refusal to grant a license leads to the inability to exploit an important technological advance, or to exploit a further patent. TRIPs also provides that the requirements for a compulsory license may be waived in certain situations, in particular cases of national emergency or extreme urgency or in cases of public non-commercial use. Article 31.f of TRIPS requires that compulsory licenses be used "predominantly" for local markets, a requirement that complicates the ability of countries to import drugs manufactured overseas.

When did India issue compulsory patents?

In India, compulsory license is issued under the Indian Patents Act, 1970 , if three conditions are fulfilled (i)the reasonable requirements of the public with respect to the patented invention have not been satisfied (ii)the patented invention is not available to the public at a reasonably affordable price (iii)the patented invention is not worked in the territory of India. In March 2012, India granted its first compulsory license ever. The license was granted to Indian generic drug manufacturer Natco Pharma for Sorafenib tosylate, a cancer drug patented by Bayer. Non-governmental groups reportedly welcomed the decision.

What is copyright law?

Copyright law allows creators to have specific rights over their works, which includes the right to perform, distribute, or reproduce their work. If someone else wants to distribute or reproduce their work, they must get permission from the copyright owner first.

What are the steps of a copyright license?

1. Copyright and Compulsory Licenses. 2. Compulsory License Steps. 3. How Compulsory Licenses Work. 4. Compulsory License Limitations. Compulsory licenses allow owners of copyright licenses or patents to be the only ones with the right to use their copyrighted material.

Can a copyrighted song be re-licensed?

The licensee is allowed to create a new arrangement of the song as long as the fundamental character stays the same. The court has the right to tell a copyright owner to allow a license to be granted to an innocent infringer instead of having it stopped. In countries such as the United States that subscribe to the Universal Copyright Convention, an author might need to allow a compulsory license to another subscribing government in order to translate their work into the country's main language, such as if there hasn't been a published translation in the past seven years.

Can a new singer get a mechanical license?

Therefore, a compulsory mechanical license can only be obtained if the song has been released previously.

Do you need a copyright license to sell a song?

There are some circumstances, also known as compulsory licenses, where it's not required to get a copyright owner's permission as long as the user pays certain fees and follows rules the law sets. Common examples of compulsory licenses are used by cable providers, music companies, satellite television providers, and webcasters. This license lets a singer or musician record and sell their version of a song that was previously recorded, as long as they pay royalties to the person who wrote the original composition and is the copyright holder.

Examples of Compulsory License in a sentence

In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; Waivable Compulsory License Schemes.

More Definitions of Compulsory License

Compulsory License means, with respect to an Optioned Product and a country or territory, a license or rights granted to a Third Party by a Governmental Authority for such country or territory to sell or offer for sale such Optioned Product in such country or territory under any patent rights owned or controlled by Gilead or its Affiliates, without direct or indirect authorization from Gilead or its Affiliates, for example a right granted pursuant to requests under the 30 August 2003 WTO decision..

What is a compulsory license?

Compulsory License authorised by the government allows the company or an individual seeking other’s intellectual property to use it without having to seek the consent of the owner/ the right holder by paying a predetermined fee for the license.

How many Compulsory Licenses have been issued in India?

Only 1 compulsory license has been issued in India by the Patent Office on March 9, 2012. The license was issued to Natco Pharma for the generic production of Bayer Corporation’s Nexavar, which is a life-saving medicine used for treating Cancer (Liver & Kidney).

What is the requirement for a patent holder to negotiate a voluntary license?

The person or company applying for a licence has to have tried, within a reasonable period of time, to negotiate a voluntary licence with the patent holder on reasonable commercial terms. Only if that fails can a compulsory licence be issued.

How many industries are under compulsory licensing in India?

Only 6 industries fall under the compulsory licensing category in India.

Can a license be given exclusively to licensees?

The scope and duration of the licence must be limited to the purpose for which it was granted, it cannot be given exclusively to licensees and it should be subject to legal review.

Is there a reason for compulsory licensing?

The Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) does not specifically list the reasons that might be used to justify compulsory licensing. However, the Doha Declaration on TRIPS and Public Health confirms that countries are free to determine the grounds for granting compulsory licences and to determine what constitutes a national emergency.

What is compulsory licensing?

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 ...

What is the special compulsory licensing system?

The special compulsory licensing system in the amended TRIPS Agreement, and the earlier 2003 waiver decision, (sometimes called the “Paragraph 6 System” because it refers to paragraph 6 of the Doha Declaration) only deals with compulsory licences to produce medicines expressly for export.

Why do countries require compulsory licensing?

The idea is that if such a country needs to turn to the option of compulsory licensing to produce needed affordable pharmaceuticals, producers overseas can step up and supply that need, even if a compulsory licence is needed in that country. It's therefore a compulsory licence specially for production in one country, for export, to meet the public health needs of one or more other countries.

Can compulsory licences be exported?

And some proportion of production under 'regular' compulsory licences could always be exported, provided it wasn't the predominant part of production. Equally, compulsory licences issued to remedy anticompetitive practices were never limited to largely servicing the domestic market.

Can a compulsory licence be granted for all products?

Normal compulsory licences can be granted for all types of products or technologies, provided the conditions in Article 31 are met.

Is there a requirement for compulsory licensing in the TRIPS Agreement?

Yes, it’s always been the case. What has changed is a provision that used to say that compulsory licences must be granted mainly to supply the domestic market (paragraph (f) of Article 31). Now the TRIPS Agreement has been amended to provide for an additional type of compulsory licensing. This change follows a decision at the 2001 Doha Ministerial Conference when Ministers recognized that countries unable to manufacture pharmaceuticals should be able to obtain cheaper copies produced under compulsory licences elsewhere if necessary.

What are some examples of compulsory?

To free the mind and the heart from compulsory religious confession and observance was good for all three interested parties: the state, the church and the people.

What does "compelling" mean in Latin?

borrowed from Anglo-French & Medieval Latin; Anglo-French compulsorie "compelling, coercive," borrowed from Medieval Latin compulsōrius, derivative, with -tōrius, deverbal adjective suffix (originally forming derivatives from agent nouns ending in -tōr-, -tor) of Latin compellere "to drive together, force to go, force (to a view, course of action)" (with -s- from past participle compulsus) — more at compel

Car insurance excess explained

In a nutshell, your excess is a fixed amount that you have to fork out if you make a claim.

What does voluntary excess mean?

Voluntary excess works differently because you set the amount of excess you’re willing to pay. Increasing this voluntary excess is one way many people are able to lower the cost of their car insurance.

Should I increase my voluntary excess?

One way of looking at voluntary excess is that you’re putting a bet on how likely you are to not make a claim*. The higher your excess, the higher the bet.

How else can I lower my insurance?

If you decide that you’d rather not risk taking on a higher excess, there are other ways to lower your car insurance costs:

When do you pay excess on car insurance?

You pay your compulsory and voluntary car insurance excess when you make your car insurance claim .

Overview

A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual p…

Copyright law

Patents

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

See also