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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 8 No. III (2025)pp. 2912–2936

Patent Licensing around the World: A Comparative Legal Analysis

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Published 14 June 2025 · pp. 2912–2936 · Vol. 8 No. III (2025)
Abstract

Patent licensing is a key instrument in the global innovation ecosystem, facilitating the transfer and commercialization of technology. As intellectual property becomes central to economic competitiveness, the legal frameworks governing licensing shape access to innovation, particularly in vital sectors like health, communications, agriculture, and renewable energy. This article offers a comparative analysis of patent licensing regimes in the United States, European Union, India, China, Brazil, and Japan, covering both voluntary and compulsory licenses, their legal underpinnings, and interplay with competition law. It also examines the TRIPS Agreement and its flexibilities, such as those under Article 31 and the Doha Declaration. Emerging challenges—including standard-essential patents (SEPs), FRAND obligations, climate change technology, and equitable access to medicines—are assessed. The article concludes by calling for more balanced and globally coherent licensing policies that support innovation while addressing public interest needs.

Keywords
Patent LicensingCompulsory LicensingTRIPSIntellectual PropertyInnovationTechnology TransferCompetition LawFRANDDeveloping Countries

How to cite

Megha Dahiya & Dr. Varsha Dhabhai, Patent Licensing around the World: A Comparative Legal Analysis, 8 Int'l J.L. Mgmt. & Human. 2912 (2025).

Cite this article

Megha Dahiya & Dr. Varsha Dhabhai, Patent Licensing around the World: A Comparative Legal Analysis, 8 Int'l J.L. Mgmt. & Human. 2912 (2025).
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