Last month, the National Institute for the Defence of Competition and Intellectual Property (INDECOPI) approved the guidelines to be applied for the examination of compulsory patent licence requests. This document aims to clarify the administrative process which must be followed for these obligations to be imposed on a patent owner, determining the procedures and competent bodies, the documents to be presented, and the deadlines to be respected.
Compulsory licences are imposed following a request presented by a third party to the The Directorate of Inventions and New Technologies of INDECOPI. Note that compulsory licences can be cancelled when the motive which caused it ceases to exist.
Compulsory patent licences are an exception to the right of patent owners whereby a patent owner is forced to grant right to use the patent to third parties. The cases in which this may apply are strictly limited. In Peru compulsory patent licences can only be imposed in one of the following four cases:
- Lack of exploitation of the patent by the owner.
- Public interest or safety, or national security emergency.
- Anticompetitive practices by the patent owner.
- Where the use of a new patent is dependent – i.e. cannot be used without – on another patent, the owner of the new patent may seek a compulsory licence to use the other patent.
For more information, please be referred to INDECOPI’s press release.