Voluntary and compulsory license. In some countries, when the owner of a patent, trademark or other registered intellectual property doesn’t apply to the use of the property and give others the permission to do so, the competent authority will have the power to register the property and grant the license to any qualified applicant. In this sense, the license contract is divided into voluntary and compulsory. "Voluntary license" is the standard license that has been dealt with in detail in this article. But "compulsory license" needs to be clarified. The history of compulsory license dates back to monopoly legislation of Britain in 1623; in 1803 compulsory license system was known as a part of the patent’s right law. The compulsory license is a permission issued by a competent national system and is awarded to the person applying for registration of a product or process without the consent of its owner’s use. Compulsory license is an exception to the rules relating to patents. In fact, this is a part of a social order that seeks to strike a balance between the exclusive rights of patent holder on the one hand and consumers’ rights on the other hand. (Xxxxxx, 2004, p. 173). It seems that the philosophy of compulsory license, is the principle of free competition, prohibition of monopoly, achieving public order and the interests of society; a person who disclose the technical knowledge and trade’s secrets, and registers them, is committed to operate or permit others to operate and receive the royalties. According to Article 48: "Patent act" of the United Kingdom passed in 1977, At any time after the expiration of three years, or of such other period as may be prescribed, from the date of the grant of a patent, any person may apply to the comptroller on one or more of the relevant grounds for a license under the patent; for an entry to be made in the register to the effect that licenses under the patent are to be available as of right; or where the applicant is a government department, for the grant to any person specified in the application of a license under the patent (Marret, 1991. P. 112). According to the Article 74 of the country's industrial property law of Mexico, if three years of the granting of the patent or four years after its application is passed, and the invention is not exploited yet, any beneficiary can request from the State Institute of Industrial Property to grant a compulsory license unless the patent holder have good reason for not using it. Compulsory license’ applicant...
