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CEALS presents: Compulsory Patent Licensing in Japan
March 11 @ 12:30 pm - 1:30 pm
In the United States, the patent system is in the constitution and is grounded in the individual’s right to intellectual property. Specifically, we have patents in order to” promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Was it a good idea that patent rights be exclusive? In Japan, where the intellectual commitment to individual rights is not as strong as we have here, patents exist to promote the development of industry. Intellectual Property is not referenced in the Constitution and there is nothing indicating that the inventor’s rights should be “exclusive.” In fact, Japan enacted a compulsory licensing statute decades ago, though it was not used much, if at all, until last year. Mr. Makman will discuss the case that arose last year and the policies and debate that surrounds compulsory patent licensing.
David Makman
Founder, Law Offices of David A. Makman
Affiliated Scholar, Center for East Asian Legal Studies
Adjunct Professor, UC Law SF
Light Lunch to be Served
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