Non-voluntary licensing

Merck Sharp and Dohme Limited v Shionogi German Federal Court of Justice 11 July 2017

In this case, the German Federal Court of Justice, the country´s highest civil and criminal court, confirmed for the first time ever a compulsory license granted in preliminary proceedings for an HIV medicament.

United States v Glaxo Group LTD U.S 52 Supreme Court 1973

The Supreme Court of the United States found that in a suit involving illegal restraint of trade, the validity of a patent could be subject to challenge if the patent is directly involved in the anti-trust violation.

Bayer Corporation Vs. Union of India and Others (Bayer v. Natco) India, IPAB, 2013

The Intellectual Property Appellate Board upheld the decision of the Controller of Patents to grant India’s first compulsory license and elaborated when the grounds and conditions for compulsory licenses are satisfied.