May 28 – Chicago Daily Law Bulletin
BRICS countries represent an emerging consensus that patents must be worked (practiced) in their countries or face compulsory licenses at reduced royalty rates. In India, South Africa and Russia, importation of patented items may not be sufficient to avoid such licenses. Although compulsory licenses for failure to work a patent are generally based on whether the item is “reasonably accessible” in the domestic market, there is an increasing reliance on price as an indicator of accessibility.
