Compulsory Licences and Investment in Industrial Property
Houfa Nour El Houda1* , Zouani Nadia1
Abstract. Industrial property rights are fundamental to protecting innovation and stimulating technological progress. Compulsory licences represent a legal mechanism that allows governments to authorise third parties to exploit a patent without the consent of the rights holder, serving as both an exception to exclusive rights and a tool for promoting investment. This study aims to explore the role of compulsory licences in encouraging investment, research and development (R&D), and innovation in the industrial field. Using an analytical descriptive approach, the study examines the basic concepts of industrial property and the legal and economic dimensions of compulsory licences. The results indicate that compulsory licences can facilitate technology transfer, attract foreign direct investment, protect public health, and limit abusive practices by patent owners. The study concludes that while compulsory licences offer significant economic and social advantages, their proper use requires a careful balance between protecting intellectual property rights and fostering innovation and investment.
Keywords: compulsory licences, industrial property, intellectual property, investment