Information about Compulsory License
In a compulsory license, a government forces the holder of a patent, copyright, or other exclusive right to grant use to the state or others. Usually, the holder does receive some royalties, either set by law or determined through some form of arbitration.
Some compulsory licenses protect those who wish to use a work for educational or non-commercial purposes. In cases when it is judged too burdensome for scattered or small-scale buyers and sellers to find one another and negotiate a price, governments sometimes issue a compulsory license for the use so that the relative difficulty of obtaining permission for it does not extinguish it. For instance, the copyright law of Canada has a compulsory license scheme for orphan works. This is in contrast to orphan drugs, which often get more protection. In these types of cases, the license must often pass the Berne three-step test.
The common saying among musicians that one can always "cover" someone else's song is, though not entirely correct, a reflection of the fact that in the United States, musical works are subject to compulsory licenses. United States copyright law establishes compulsory licenses as purchase methods or strong market influences in the entertainment industry, such as playing popular music on a radio station or webcast, and for many television transactions, like the use of broadcast audiovisual works such as television shows in cable television systems. It works like this: someone finds a recording in a pawnshop or tag sale and can't find the copyright owner so they pay a filing fee to the copyright office and are free to use or incorporate it into another work without it being an infringement, only paying royalities if the original composer comes forward with an infringement lawsuit, then only paying royalties from the time the copyright claim is made, legal fees exceeding royalties. Proposed legislation would limit these options. There are many orphaned works because few people are aware of this obscure provision of the mechanical license for musical compositions, that isn't extended to other artistic copyright, or even internet music file sharing.
The Electronic Frontier Foundation and other advocacy groups have suggested forms of compulsory licensing as one possible solution to the legal conflicts surrounding file sharing. In a typical scenario, those who hold the copyrights for the music traded between network users would be legally barred from suing the infringers. In return, the government would extract payments from listeners, perhaps electronic pay-per-song fees or perhaps sales taxes on peer-to-peer file-sharing software, blank storage media, or even Internet access itself. Assisted by some form of P2P "charts," music industry groups would theoretically distribute these royalties to the rights holders. Others have also suggested that a Compulsory Sampling License would alleviate many of the issues of digital music production that often relies on sampling techniques.
The principal requirement for the issue of a compulsory licence is that attempts to obtain a licence under reasonable commercial terms must have failed over a reasonable period of time. Specific situations in which compulsory licences may be issued are set out in the legislation of each patent system and vary between systems. Some examples of situations in which a compulsory licence may be granted include lack of working over an extended period in the territory of the patent, inventions funded by the government, failure or inability of a patentee to meet a demand for a patented product and where the refusal to grant a licence leads to the inability to exploit an important technological advance, or to exploit a further patent.
TRIPs also provides that the requirements for a compulsory licence may be waived in certain situations, in particular cases of national emergency or extreme urgency or in cases of public non-commercial use.[1]
An area of fierce debate has been that of drugs for treating serious diseases such as malaria, HIV and AIDS. Such drugs are widely available in the western world and would help to manage the epidemic of these diseases in the third world. However, such drugs are hugely expensive to produce and generally well protected by patents. In order to recover the development costs, the patent holding companies charge prices for the drugs which prevent their purchase by third world countries. Although the national emergency provisions of TRIPs allow the grant of compulsory licences in those third world countries, the countries often lack the technology to be able to manufacture the drugs. However, TRIPs requires that compulsory licences be used to fulfill a local requirement, and so it is not possible to manufacture the drugs overseas and import them to the place of need.
This issue was addressed by the Doha declaration which recognised the problem and required the TRIPs council to find a solution. On 17 May 2006 the European Commission's official journal published Regulation 816/2006, which brings into force the provisions of the Doha declaration. This means that the declaration now has legal effect in the European Union, and also in Canada who implemented it in 2005. The declaration allows compulsory licences to be issued in developed countries for the manufacture of patented drugs, provided they are exported to certain countries (principally, those on the UN's list of least-developed countries and certain other countries having per-capita incomes of less than US$745 a year).
In designing defenses against pandemics or bioterrorism, planners sometimes seek huge supplies of certain drugs. Here, the issue is not so much the cost per dose as the number of doses on the market. Many modern drugs have long production cycles, sometimes as long as a year, so the drug companies must always estimate future demand for their patented drugs and vaccines. The number of victims in a flu pandemic or anthrax attack could exceed any reasonable prediction, and for the original maker to increase production could itself be a lengthy process. The issue of compulsory licences allows the number of manufacturers to be increased, thereby allowing greater volumes of supplies to be manufactured.
..... Click the link for more information.
Royalties (sometimes, running royalties) are usage-based payments made by one party (the "licensee") to another (the "licensor") for ongoing use of an asset, most typically an intellectual property (IP)
..... Click the link for more information.
..... Click the link for more information.
A television program (US), television programme (UK) or simply television show is a segment of programming in television broadcasting.
..... Click the link for more information.
..... Click the link for more information.
..... Click the link for more information.
Copyright
A compulsory copyright license is an exception to copyright law that is usually philosophically justified as an attempt by the government to correct a market failure. As an exception to copyright, another party can exercise one or more of the copyright's exclusive rights without having to obtain the copyright holder's permission (hence "compulsory") but will have to pay a licensing fee.Some compulsory licenses protect those who wish to use a work for educational or non-commercial purposes. In cases when it is judged too burdensome for scattered or small-scale buyers and sellers to find one another and negotiate a price, governments sometimes issue a compulsory license for the use so that the relative difficulty of obtaining permission for it does not extinguish it. For instance, the copyright law of Canada has a compulsory license scheme for orphan works. This is in contrast to orphan drugs, which often get more protection. In these types of cases, the license must often pass the Berne three-step test.
The common saying among musicians that one can always "cover" someone else's song is, though not entirely correct, a reflection of the fact that in the United States, musical works are subject to compulsory licenses. United States copyright law establishes compulsory licenses as purchase methods or strong market influences in the entertainment industry, such as playing popular music on a radio station or webcast, and for many television transactions, like the use of broadcast audiovisual works such as television shows in cable television systems. It works like this: someone finds a recording in a pawnshop or tag sale and can't find the copyright owner so they pay a filing fee to the copyright office and are free to use or incorporate it into another work without it being an infringement, only paying royalities if the original composer comes forward with an infringement lawsuit, then only paying royalties from the time the copyright claim is made, legal fees exceeding royalties. Proposed legislation would limit these options. There are many orphaned works because few people are aware of this obscure provision of the mechanical license for musical compositions, that isn't extended to other artistic copyright, or even internet music file sharing.
The Electronic Frontier Foundation and other advocacy groups have suggested forms of compulsory licensing as one possible solution to the legal conflicts surrounding file sharing. In a typical scenario, those who hold the copyrights for the music traded between network users would be legally barred from suing the infringers. In return, the government would extract payments from listeners, perhaps electronic pay-per-song fees or perhaps sales taxes on peer-to-peer file-sharing software, blank storage media, or even Internet access itself. Assisted by some form of P2P "charts," music industry groups would theoretically distribute these royalties to the rights holders. Others have also suggested that a Compulsory Sampling License would alleviate many of the issues of digital music production that often relies on sampling techniques.
Patents
Many patent law systems provide for the granting of compulsory licenses in a variety of situations. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) sets out specific provisions that shall be followed if a compulsory license is issued, and the requirements of such licenses. All significant Patent systems comply with the requirements of TRIPs.The principal requirement for the issue of a compulsory licence is that attempts to obtain a licence under reasonable commercial terms must have failed over a reasonable period of time. Specific situations in which compulsory licences may be issued are set out in the legislation of each patent system and vary between systems. Some examples of situations in which a compulsory licence may be granted include lack of working over an extended period in the territory of the patent, inventions funded by the government, failure or inability of a patentee to meet a demand for a patented product and where the refusal to grant a licence leads to the inability to exploit an important technological advance, or to exploit a further patent.
TRIPs also provides that the requirements for a compulsory licence may be waived in certain situations, in particular cases of national emergency or extreme urgency or in cases of public non-commercial use.[1]
An area of fierce debate has been that of drugs for treating serious diseases such as malaria, HIV and AIDS. Such drugs are widely available in the western world and would help to manage the epidemic of these diseases in the third world. However, such drugs are hugely expensive to produce and generally well protected by patents. In order to recover the development costs, the patent holding companies charge prices for the drugs which prevent their purchase by third world countries. Although the national emergency provisions of TRIPs allow the grant of compulsory licences in those third world countries, the countries often lack the technology to be able to manufacture the drugs. However, TRIPs requires that compulsory licences be used to fulfill a local requirement, and so it is not possible to manufacture the drugs overseas and import them to the place of need.
This issue was addressed by the Doha declaration which recognised the problem and required the TRIPs council to find a solution. On 17 May 2006 the European Commission's official journal published Regulation 816/2006, which brings into force the provisions of the Doha declaration. This means that the declaration now has legal effect in the European Union, and also in Canada who implemented it in 2005. The declaration allows compulsory licences to be issued in developed countries for the manufacture of patented drugs, provided they are exported to certain countries (principally, those on the UN's list of least-developed countries and certain other countries having per-capita incomes of less than US$745 a year).
In designing defenses against pandemics or bioterrorism, planners sometimes seek huge supplies of certain drugs. Here, the issue is not so much the cost per dose as the number of doses on the market. Many modern drugs have long production cycles, sometimes as long as a year, so the drug companies must always estimate future demand for their patented drugs and vaccines. The number of victims in a flu pandemic or anthrax attack could exceed any reasonable prediction, and for the original maker to increase production could itself be a lengthy process. The issue of compulsory licences allows the number of manufacturers to be increased, thereby allowing greater volumes of supplies to be manufactured.
References
See also
- Compulsory Sampling License
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- AIDS in Africa
- Copyright collective
- Doha Declaration
- Intellectual property
- Mechanical license
- Orphaned Works
- Pharmaceutical company
- Statutory license
- Webcasting
patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention.
The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely
..... Click the link for more information.
The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely
..... Click the link for more information.
worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
Please [ improve this article] or discuss the issue on the talk page.
Not to be confused with copywriting.
..... Click the link for more information.
In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit.
..... Click the link for more information.
..... Click the link for more information.
Not to be confused with Royal family.
Royalties (sometimes, running royalties) are usage-based payments made by one party (the "licensee") to another (the "licensor") for ongoing use of an asset, most typically an intellectual property (IP)
..... Click the link for more information.
Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons such as (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.
..... Click the link for more information.
..... Click the link for more information.
The expression "limitations and exceptions to copyright" refers to situations in which the exclusive rights granted to authors, or their assignees under copyright law do not apply.
..... Click the link for more information.
..... Click the link for more information.
Market failure is a term used by economists to describe the condition where the allocation of goods and services by a market is not efficient. The first known use of the term by economists was in 1958,[1]
..... Click the link for more information.
..... Click the link for more information.
A non-commercial enterprise is work that values other considerations above and beyond that of making a profit. It differs from a non-profit enterprise in that seeking a profit is a part of their business, just not the main part.
..... Click the link for more information.
..... Click the link for more information.
Canadian copyright law is the area of law that defines copyright within Canada. As copyright is said to exist only in statute, most rights are derived from the Copyright Act.
..... Click the link for more information.
..... Click the link for more information.
An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder.
To solve the problem of orphan works, some countries have considered a compulsory license scheme.
..... Click the link for more information.
To solve the problem of orphan works, some countries have considered a compulsory license scheme.
..... Click the link for more information.
The granting of the orphan drug status is designed to encourage the development of drugs which are necessary but would be prohibitively expensive/un-profitable to develop under normal circumstances.
..... Click the link for more information.
..... Click the link for more information.
The Berne three-step test is a clause that is included in several international treaties on intellectual property. It imposes on signatories to the treaties constraints on the possible limitations and exceptions to exclusive rights under national copyright laws.
..... Click the link for more information.
..... Click the link for more information.
United States copyright law governs the legally enforceable rights of creative and artistic works in the United States.
Copyright law in the United States is part of Federal law, and is authorized by the U.S. Constitution.
..... Click the link for more information.
Copyright law in the United States is part of Federal law, and is authorized by the U.S. Constitution.
..... Click the link for more information.
worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
Radio broadcasting is an audio (sound) broadcasting service, traditionally broadcast through the air as radio waves (a form of electromagnetic radiation) from aPlease [ improve this article] or discuss the issue on the talk page.
..... Click the link for more information.
A webcast is a media file distributed over the Internet using streaming media technology. As a broadcast may either be live or recorded, similarly, a webcast may either be distributed live or recorded. Essentially, webcasting is “broadcasting” over the Internet.
..... Click the link for more information.
..... Click the link for more information.
Broadcasting is the distribution of audio and/or video signals which transmit programs to an audience. The audience may be the general public or a relatively large sub-audience, such as children or young adults.
..... Click the link for more information.
..... Click the link for more information.
worldwide view.
A television program (US), television programme (UK) or simply television show is a segment of programming in television broadcasting.
..... Click the link for more information.
cable television into the house.]]
Cable television is a system of providing cocoy television to consumers via radio frequency signals transmitted to televisions through fixed optical fibers or coaxial cables as opposed to the over-the-air method used in traditional
..... Click the link for more information.
Cable television is a system of providing cocoy television to consumers via radio frequency signals transmitted to televisions through fixed optical fibers or coaxial cables as opposed to the over-the-air method used in traditional
..... Click the link for more information.
An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder.
To solve the problem of orphan works, some countries have considered a compulsory license scheme.
..... Click the link for more information.
To solve the problem of orphan works, some countries have considered a compulsory license scheme.
..... Click the link for more information.
- See Shared resource for the conventional meaning of file sharing
..... Click the link for more information.
This article or section needs sources or references that appear in reliable, third-party publications. Alone, primary sources and sources affiliated with the subject of this article are not sufficient for an accurate encyclopedia article.
..... Click the link for more information.
..... Click the link for more information.
- See Shared resource for the conventional meaning of file sharing
..... Click the link for more information.
as a college campus, industrial complex, or a military base. A CAN, may be considered a type of MAN (metropolitan area network), but is generally limited to an area that is smaller than a typical MAN.
..... Click the link for more information.
..... Click the link for more information.
peer-to-peer (or "P2P") computer network exploits diverse connectivity between participants in a network and the cumulative bandwidth of network participants rather than conventional centralized resources where a relatively low number of servers provide the core value to a
..... Click the link for more information.
..... Click the link for more information.
Computer software is a general term used to describe a collection of computer programs, procedures and documentation that perform some task on a computer system. [1]
..... Click the link for more information.
..... Click the link for more information.
Edison cylinder phonograph ca. 1899. The Phonograph cylinder is a storage medium. The phonograph may or may not be considered a storage device.]] A data storage device is a device for recording (storing) information (data).
..... Click the link for more information.
..... Click the link for more information.
Internet is a worldwide, publicly accessible series of interconnected computer networks that transmit data by packet switching using the standard Internet Protocol (IP). It is a "network of networks" that consists of millions of smaller domestic, academic, business, and government
..... Click the link for more information.
..... Click the link for more information.
Top Forty or Top 40 is a music industry shorthand for the currently most-popular songs in a particular genre. When used without qualification, it typically refers to the best-selling or most frequently broadcast pop music songs.
..... Click the link for more information.
..... Click the link for more information.
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation.
..... Click the link for more information.
..... Click the link for more information.
Malaria
Classification & external resources
Plasmodium falciparum ring-forms and gametocytes in human blood.
ICD-10 B 50.
ICD-9 084
OMIM 248310
DiseasesDB 7728
MedlinePlus 000621
eMedicine med/1385 emerg/305 ped/1357
..... Click the link for more information.
Classification & external resources
Plasmodium falciparum ring-forms and gametocytes in human blood.
ICD-10 B 50.
ICD-9 084
OMIM 248310
DiseasesDB 7728
MedlinePlus 000621
eMedicine med/1385 emerg/305 ped/1357
..... Click the link for more information.
This article is copied from an article on Wikipedia.org - the free encyclopedia created and edited by online user community. The text was not checked or edited by anyone on our staff. Although the vast majority of the wikipedia encyclopedia articles provide accurate and timely information please do not assume the accuracy of any particular article. This article is distributed under the terms of GNU Free Documentation License.
Herod_Archelaus
