In his article “The Fate Of Dependent Patents In Cambodia, Laos, Myanmar, Thailand, And Vietnam – A Comparison With The Situation In Germany And India”, BOEHMERT & BOEHMERT partner and patent attorney Prof. Dr. Goddar and co-author Chandavya Ing. look at the legislation and practice regarding dependent patents in the countries of Cambodia, Laos, Myanmar and Vietnam, including a comparative view of the situation in Germany and India.
According to the authors, a compulsory licensing system exists in most Southeast Asian countries, but compulsory licences are rarely issued there, and when they are, it is in connection with the patenting of pharmaceuticals.
As a result of this practice, Prof. Dr. Goddar and Chandavya Ing. see a hindrance in the development of new innovative technologies. With a view to preserving the balance between the rights of the right holder of the earlier patent and the rights of subsequent users, the authors recommend an increased use of compulsory licensing to encourage inventions as well as to enable technology transfer for the economic benefit of all.
The article by Prof. Dr. Goddar and Chandavya Ing. appeared in the September 2021 issue of Les Nouvelles on pages 250 to 254 and is available to registered users here.