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A compulsory licence is an authorisation under the state administration to use intellectual property rights by third parties, subject to payment of remuneration, regardless of the patent holder's objection. In the Polish legal system, the institution of a compulsory licence is regulated by: the Paris Convention for the Protection of Industrial Property Rights (20 March 1883), the Agreement on Trade-Related Aspects of Intellectual Property Rights (15 April 1994), Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on the granting of compulsory licences for patents relating to the manufacture of pharmaceutical products for export to countries with public health problems and the Industrial Property Law Act (30 June 2000). The basic research thesis of my paper was based on the assumption that a compulsory licence does not meet the objective of providing access to biologics. The regulations governing this institution need to be changed, fi rst of all towards the regranting of a compulsory licence with the proper meaning of balancing the interests of the public (society) and private (patent holder).
A compulsory licence is an authorisation under the state administration to use intellectual property rights by third parties, subject to payment of remuneration, regardless of the patent holder's objection. In the Polish legal system, the institution of a compulsory licence is regulated by: the Paris Convention for the Protection of Industrial Property Rights (20 March 1883), the Agreement on Trade-Related Aspects of Intellectual Property Rights (15 April 1994), Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on the granting of compulsory licences for patents relating to the manufacture of pharmaceutical products for export to countries with public health problems and the Industrial Property Law Act (30 June 2000). The basic research thesis of my paper was based on the assumption that a compulsory licence does not meet the objective of providing access to biologics. The regulations governing this institution need to be changed, fi rst of all towards the regranting of a compulsory licence with the proper meaning of balancing the interests of the public (society) and private (patent holder).
International agreements, as well as the national legislation of various States, in addition to the territorial principle of protection of industrial property, the principle of national treatment, the principle of convention or exhibition priority, do not specifically identify other principles of protection of industrial property that would uniform national legislation in the field of protection of industrial property in most aspects of protection, and that would also take into account the specifics of a particular object of protection. The paper distinguishes and formulates general object principles of protection of industrial property, not expressly enshrined in international agreements, as well as special object principles of protection of individual objects of industrial property. It is noted that the operation of general principles applied universally for protection of all objects of industrial property and historically established universal principles of national regime, territoriality, principles of convention and exhibition priority are supplemented by such general object principles as the principle of exclusive protection of industrial property, the principle of production and technical development. These principles can be considered general in view of their extension to other objects not expressly specified in the Paris Convention. At the same time, with regard to separate objects (groups of objects) of industrial property, one can determine special object principles of protection on the ground of their specificity.The author applies formal legal and comparative legal methods of the study, on the basis of which special international principles of protection were formulated: the principle of exclusive protection, the principle of focus on production and technical development. The paper describes special principles of protection for individual objects: the declarative and evidentiary principle of protection of registered industrial property, the principle of protection of marks “such as they are”, the principle of protection of new creative results in relation to patentable objects, the principle of absolute nature of the rights certified by the patent.
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