I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Here are 2 instances when the government, by virtue of its police and eminent domain powers, can interfere with the rights of the patent holder without his consent.
Exploitation
The government, or third persons it so authorizes, can exploit an invention without the patent holder's consent if the following requisites:
1.) It is required by public interest (national security, etc.)
2.) The patent holder's way of exploiting his invention is anti-competitive (this is determined by a judicial or administrative body)
The owner of the patent is, of course, entitled to just compensation.
Compulsory Licensing
A person who is capable of exploiting the invention in question can be granted the license by the Director of Legal Affairs to exploit it, even if against the patent holder's wish, if any of the following circumstances are present:
1.) National emergency or similar circumstances that are extremely urgent
2.) Public interest requires
3.) A judicial or administrative body has found the patent holder's exploitation of the invention to be anti-competitive (see exploitation)
4.) The invention is used publicly, but not commercially, and without a satisfactory reason
5.) The invention isn't worked in the Philippines on a commercial scale without satisfactory reason, even if it can be worked on such a scale
In all instances, the patent holder is entitled to just compensation.
Instances 1 to 4 can be raised any time after the patent is granted. 5, on the other hand, can't be invoked until 4 years after the patent holder applied for the patent, or 3 years after the patent was issued, whichever happens last. Also, if the invention wasn't worked in the Philippines but was successfully worked in another country, the government can't deprive the patent holder of his license.
1.) It is required by public interest (national security, etc.)
2.) The patent holder's way of exploiting his invention is anti-competitive (this is determined by a judicial or administrative body)
The owner of the patent is, of course, entitled to just compensation.
Compulsory Licensing
A person who is capable of exploiting the invention in question can be granted the license by the Director of Legal Affairs to exploit it, even if against the patent holder's wish, if any of the following circumstances are present:
1.) National emergency or similar circumstances that are extremely urgent
2.) Public interest requires
3.) A judicial or administrative body has found the patent holder's exploitation of the invention to be anti-competitive (see exploitation)
4.) The invention is used publicly, but not commercially, and without a satisfactory reason
5.) The invention isn't worked in the Philippines on a commercial scale without satisfactory reason, even if it can be worked on such a scale
In all instances, the patent holder is entitled to just compensation.
Instances 1 to 4 can be raised any time after the patent is granted. 5, on the other hand, can't be invoked until 4 years after the patent holder applied for the patent, or 3 years after the patent was issued, whichever happens last. Also, if the invention wasn't worked in the Philippines but was successfully worked in another country, the government can't deprive the patent holder of his license.
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