licença compulsória

substantivo

full

compulsory licence

noun

Comparative law notes

Brazil

"Licença compulsória" is the term used by the Brazilian Intellectual Property Act (Law No. 9,279, of 1996, sec. 68-75), to discriminate the situations in which compulsory licence is possible.

Definitions of compulsory licence

English

a licence (=official permission to do something) created by statute that allows certain parties to use either copyrighted material or a patented invention without the permission of the copyright or patent owner, in return for the payment of a royalty (=a payment to someone such as a writer or musician each time that something they have created is sold or used)

India granted the first ever compulsory licence in 2012 when it allowed Natco Pharma to make a generic version of Bayer's cancer drug.

English

a situation where an individual or a company can use another's intellectual property without first getting the owner's permission. Compulsory licences are especially common in relation to pharmaceutical patents.

India negotiated a compulsory licence, allowing local companies to produce generic copies of foreign drugs for domestic use.