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Why is compulsory licensingnot applicable to trademarks?




Compulsory licensing is a mechanism that can be applied to patents for inventions or utility models, as well as to copyrights. However, trademarks are not subject to compulsory licensing because they are not intellectual creations, but rather business signs. In situations such as a public health crisis where a patented drug owned by a company is required to be produced in large quantities, the use of compulsory licensing is justifiable. However, there is no need to use the trademark of the patent owner on the drug produced by the licensee, as this will not affect the drug's effectiveness. In fact, the use of the trademark may create confusion among the public, leading them to believe that the drug was produced by the patent owner instead of the licensee.



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