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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 26 March 2023

p. 67423. Exploitationlocked

p. 67423. Exploitationlocked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University


This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with patent law in the UK and British and European competition law. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.

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