Compulsory Licenses: The Dangers Behind the Current Practice

Abstract

compulsory licenses have all been headlining news.Thailand and Brazil's actions have created negative connotations, while Rwanda's use has been widely praised.Part V highlights four main dangers that are likely to arise if the current laws are not amended.Finally, Part VI lays out several suggestions on how to reform the provisions which govern compulsory licenses. I. PLANTING THE SEEDS FOR CONTROVERSY A. BackgroundThe modern patent system is rooted in the Venetian Act, adopted during the early Renaissance era. 3 The Venetian Act, similar to the modem day patent system, called for the registration of new and ingenious devises reduced to perfection. 4 Further molding the modern patent system was the Statute of Monopolies, which was created by the English Parliament in the sixteenth century.5 The Statute of Monopolies was implemented in response to the English Crown's practice of granting individuals exclusive rights to produce, import, and sell certain commonplace items such as salt and vinegar.6 The Statute prohibited these monopolies, but created an exception which permitted a patent to be granted for a 14-year period to a creator of a new invention.7 These patents granted over novel creations would encourage innovations that would benefit society, as opposed to the Crown created monopolies which restrained the trade of commodities that had previously been in the public domain.8 Today, the United States' patent system is protected by the Constitution.Article I, Section 8, authorizes Congress to grant exclusive rights to authors and inventors for their respective discoveries for a limited amount of time.9 In order to receive a patent, an inventor must submit a patent application to The Patent and Trademark Office (hereinafter the "PTO").° The PTO then reviews the application and grants a patent if several requirements are met.

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