Compulsory licenses as a mean to ensure the exploitation of an invention

Abstract

The patent holder has the right to exploit his innocence within a certain period of time. This exploitation is not at all, but is subject to legal restrictions imposed by the public interest or national security considerations. The idea of compulsorylicensingemerged as a legal mechanism for the exploitation of the patent, even if the patent holder does not agree. This system was first adopted in accordance with the amendment of the 1883 Industrial Property Convention in The Hague in 1925, As a penalty applied to the patentee for his breach of the obligation to exploit, especially if the patent touches a vital area such as medicine or nutrition, and it has been stipulated by several national agreements and legislation similar to the TRIPS Agreement 1994, as treated by the Algerian legislator in the order03/07 related to the patent.