The jurisprudential and legal analysis of compulsory license in Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)

The license agreement is one of the contracts of technology transfer in the field of international trade. This agreement is issued voluntarily and in some cases compulsorily. The cases of granting compulsory license is expressed in TRIPS agreement. These cases and the possibility of granting compulsory license in the Iranian law and Imamiah jurisprudence are analyzed in this article. The compulsory license is against the rule of "Taslit" in Jurisprudence. Therefore, the jurisprudential basis of granting a compulsory license must be explained. "National emergency",
"anti-competitive process", "non-trade public work" and "related inventions" are among the cases of issuing compulsory license in TRIPS agreement and the Iranian law with the difference that in the Iranian law "national emergency" has been discussed under "attainment of forcible conditions" and granting compulsory license in the case of "semi-conductors technology" for non-trade public use is permitted. Compulsory license can be issued in the above cases in the Islamic jurisprudence based on rules of "emergency", "priority of the more important over
important", "there is no harm in Islam", "disorder of the system" and "public interests."