Extraordinary Patent License

Abstract

Moral rights represent a middle stage between personal rights and rights in rem, as they take some of the characteristics of these and those, and can not be considered absolutely within any of these groups, and these rights constitute a group of elements represented by innovations and other industrial and commercial rights, such as patents, industrial models and marks What separates these rights and rights in kind is that they do not remain monopolized by their owner throughout the period of legal protection assigned to them. Rather, the essence of these rights is to benefit others from them despite the fact that their ownership remains at the disposal of the owner, as the law imposes on the owner of the patent to grant the license to others. By benefiting from the invention within a certain period of granting the patent for the purpose of the public interest. If he refuses to license with consent, the legislator intervenes by granting a license against his will and with the knowledge of the public authority in order to achieve the interest of the group, all without prejudice to the rights of the patent owner in terms of ownership and in return for that license within a certain period of time Under the so-called exceptional license patent.