Abstract

CAMPA NAVARRO, Juan Ignacio. Notes on compulsory licensing of invention patents in Mexico. Anál. econ. [online]. 2024, vol.39, n.102, pp.201-215.  Epub Oct 29, 2024. ISSN 2448-6655.  https://doi.org/10.24275/uam/azc/dcsh/ae/2024v39n102/campa.

Technological innovation is a crucial factor in the technological and economic development of nations today. Ownership and appropriation policies of patents are an important part of innovation processes. The compulsory license is an instrument that in principle aims towards these objectives. However, in Mexico, despite the fact that compulsory licensing was incorporated into patent legislation more than a century ago, it has been exercised very rarely. The overwhelming lack of registration of compulsory licenses has been due, among other factors, to the gaps and insufficiencies in the specifications that patent laws have established to regulate the compulsory licensing process, aspects that have led to contradictions and discretions that erode the propensity to use compulsory licenses by those interested in exploiting patents in national territory.

Keywords : Industrial Property; Compulsory license; Innovation.

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