The Compulsory Licensing for Exploiting Patented COVID-19 Pharmaceutical Treatment: Legal Approaches of Some Arab Countries

摘要

This article deals with exploitation of a pharmaceutical patent to treat the novel coronavirus. The laws of several Arab nations, which regulate industrial property rights in regard to the use of compulsory licensing for exploiting patented COVID-19 pharmaceutical treatments, are examined, compared, and contrasted. The cases in which such laws permit use of compulsory licensing are clarified, such as in the interest of national security and in emergencies. This article concludes that the COVID-19 pandemic has posed a serious threat to the public health of various countries which has justified the use of compulsory licensing to exploit new patents. A patent owner has the right to be granted appropriate compensation during exploitation, and the new compulsory license terminates once the purpose for which it has been given terminates.