Compulsory Licenses of Patented Inventions in Iranian Law

Compulsory Licenses of Patented Inventions in Iranian Law

Compulsory licenses of patented inventions are recognized in Iranian law. The issuance of such licenses is subject to the occurrence of exceptional cases of preserving national security, public health or development of other vital-economic sectors of the country. Additionally, they are a remedy for anticompetitive practices and where the exploitation of an invention depends on another prior invention, a compulsory license may be issued in favor of the second inventor. An examination of the conditions of granting compulsory licenses indicates the Iranian legislator's attempt to deal with extraordinary circumstances at the national level while respecting the innovators' rights and that such licenses are a means to make a balance between the society’s right to be safe, stable and secure and the patent holders' rights to exploit their inventions. The results of this descriptive-analytical study show that, as far as compulsory licenses of inventions are concerned, the Iranian law is in accordance with the provisions of the Paris Convention and the TRIPS Agreement.