Practice question
A compulsory license was granted for a defined public need. The licensee now claims it authorizes every unrelated field forever. The patentee also claims no remuneration is payable merely because the grant was compulsory. Which is sound under Section 100?
- Both assertions are always correct
- Only the forever claim is correct
- Only the no-remuneration claim is correct
- Scope and duration are limited to the authorized purpose, and adequate remuneration is the statutory rule subject to its stated qualifications
- A compulsory license must always transfer the entire patent
Legal references
- RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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