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PakGlobal can
provide detailed analysis of your intellectual property and work
with you to outline the uses you desire to license or obtain a license
for.
Additionally, we can target products; fields and ideas that our
clients may be interested in and prepare licensing agreements that
provide favorable terms and conditions of use. We also routinely
review licensing agreements and provide advice opinions regarding
existing agreements.
Types Of Licenses
Compulsory or Non Voluntary Licenses
Patents
Compulsory Licenses are granted where there has
been abuse of monopoly rights or otherwise the public interest,
in particular, national security, nutrition health or the development
of other vital sectors of the national economy so requires or the
federal government has determined that the manner of exploitation,
by the owner of the patent or his licensee is anti competitive or
the patent holder refuses to grant a license to a third party on
reasonable commercial terms and conditions. The provisions of TRIPS
agreement are kept in view before initiating/entertaining any application
for the grant of Compulsory License. Compulsory License is granted
on request made to the Controller after the expiration of a period
of four years from the date of filing of the patent application
or three years from the grant of the patent which ever period expires
last. The Non Voluntary License so issued fixes the scope and function
of License, the time limit within which the licensee must begin
to exploit the patented invention and the amount of adequate remuneration
to be paid to the owner of the patent and conditions of patent.
Copyrights
The Copyright Board is empowered to grant compulsory
Licenses under certain circumstances on suitable terms and conditions
in respect of a Pakistani work. The circumstances necessary for
grant of such licenses are that the work must have been published
or performed in public, the author must have refused to republish
or allow republication of the work or must have refused to allow
performance of the work in public and by reason of such refusal
the work is withheld from the public, the author has refused to
allow communication to the public by broadcast of such work or in
the case of sound recording, the work recorded in such record on
reasonable terms. The licenses so granted may be exclusive or non
exclusive.
Voluntary Licenses
Patents
These are granted by the patentee as of right,
on such terms and conditions, as may be settled by agreement or
in default of agreement, by the Controller on the application of
the proprietor of the patent or licensee
Copyrights
These are granted by the authors as of right,
on such terms and conditions, as may be settled by agreement or
in default of agreement, by the Controller on the application of
the proprietor of the copyright or licensee. The licenses so granted
may be exclusive or non exclusive These may be limited with respect
to time, territory within the jurisdiction or part of the interest
in question where possible e.g. right to publish books can be split
into hardcover editions, paperback editions and serial publication)
or particular country.
Trademarks
The proprietor of a trademark can grant license
to a registered or a non-registered licensee. The grant may be exclusive
or non exclusive. The exclusive user can be granted rights and remedies
in respect of matters occurring after grant of the license as if
the license had been assignment. A non-exclusive licensee subject
to license can file the infringement proceedings by arraigning the
proprietor of the trademark as a party. In case of license to an
unregistered user the important thing for existence of the license
is to determine the extent of control of the grantor upon the licensee
as per the terms of the agreement as well as the conduct of the
licensee in using the trademark.
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