Compulsory Licensing: For Better or For Worse, the Done Deal Lies in the Balance

Ever since compulsory licensing has emerged as a statutory obligation, it has been debated around the balance of interests between the general public and IP right holders. After opening two cases relevant and typical to the debate, this column clarifies compulsory licensing within the licensing contexts, and gives a brief account of its history. The focal point then centers on the main issues of compulsory licensing grants for national emergency, non-working, anti-competitive practice, non-commercial use and relevant international issues. In the end, some potential solutions are proposed