Compulsory Licenses for Intellectual Property: Challenges among Developing and Developed Countries

Compulsory licensing is one of cooperation ways between intellectual property law and competition law. A compulsory license is a permission from a public authority to exploit an invention without the consent of the patent holder. The licensing usually uses in all legal systems to restraint intellectual property owner from abuse. Fundamental difference between legal systems is scope of enforcing of the licensing. Developing countries use spread compulsory licensing for health and commercial purposes but developed countries use the licensing with limited usage and with special circumstances. In fact, each of them decides according to their economy and interests.