legal aspects of cases of compulsory licensing to exploit a patent under the saudi patents law | ||
| مجلة البحوث القانونية والاقتصادية- المنوفية | ||
| Article 11, Volume 57, Issue 4, May 2023, Pages 767-795 PDF (231.86 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jslem.2023.203177.1232 | ||
| Author | ||
| معن محمد أمين على القضاه* | ||
| أستاذ مشارك - قسم القانون الخاص - كلية الحقوق والعلوم السياسية - جامعة الملك سعود - المملكة العربية السعودية | ||
| Abstract | ||
| Introduction: In principle, the owner of the patent has the exclusive right to own his patent and invest it. However, this exclusive right is not absolute, but comes with several restrictions. In this context, the owner of the patent could dispose it and use it; a third party is not permissible to infringe these rights. In addition, the owner of the patent has the exclusive right to practice all types of commercial and industrial exploitation of the invention, directly or indirectly, as the exclusive investor for the invention during its period of legal protection . On the other hand, the right of the inventor is not an everlasting right, it is temporary for a period of 20 years, according to Article 19/1 of the Saudi Patents Law. In other words, the right of the inventor over the invention is limited to a time frame. In addition, the exclusive right of the patent owner to invest in the invention is restricted to being within the scope of the territory of the Kingdom of Saudi Arabia, under the principle of territoriality of the patent . The decision to grant the patent is issued by the competent authority ; | ||
| Keywords | ||
| patents; inventor; third party; compulsory licensing; saudi patent law | ||
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