Legislative Implementation of Flexibilities - Finland

Title:	Sections 45-50 of the Patents Act No. 550 of 15/12/1967 as last amended by Act 684/2006 of 21/07/2006
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Section 45 - Where three years have elapsed since the grant of the patent and four years have elapsed from the filing of the application, and if the invention is not worked or brought into use to a reasonable extent in Finland, any person who wishes to work the invention in Finland may obtain a compulsory licence to do so unless legitimate grounds for failing to work the invention may be shown. (22.12.1995/1695)

Subject to reciprocity, the Government may decree that, for the purposes of subsection (1) of this Section, the working of an invention in a foreign State shall be deemed equivalent to working in this country.

Section 46 - The proprietor of a patent for an invention whose exploitation is dependent on a patent held by another person may obtain a compulsory licence to exploit the invention protected by such patent if deemed reasonable in view of the importance of the first-mentioned invention or for other special reasons.

The proprietor of a patent in respect of which a compulsory licence is granted under subsection (1) of this Section may obtain a compulsory licence to exploit the other invention unless there are special reasons to the contrary.

Section 46 a (30.6.2000/650) - Where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. Where such a licence is granted, the holder of the patent will be entitled to a cross-licence on reasonable terms to use the protected variety.

Applicants for the licence referred to in subsection 1 above must demonstrate that they have applied unsuccessfully to the holder of the patent to obtain a contractual licence and that the plant variety constitutes significant technical progress of considerable economic interest compared with the invention claimed in the patent.

Provisions concerning the right of a patent holder to obtain a compulsory licence for the exploitation of a plant variety protected by plant breeder's right are laid down by the Act on Plant Breeders' Rights (No. 789/1992).

Section 47 - In the event of considerable public interest, a person who wishes to exploit commercially an invention for which another person holds a patent may obtain a compulsory licence to do so.

Section 48 - Any person who was commercially exploiting in this country an invention which is the subject of a patent application, at the time the application documents were made available under Section 22, shall, if the application results in a patent, be entitled to a compulsory licence for such exploitation, provided there are special reasons for this and also provided that he had no knowledge of the application and could not reasonably have obtained such knowledge. Such a right shall also be enjoyed, under corresponding conditions, by any person who has made substantial preparations for commercial exploitation of the invention in this country. Compulsory licences may also relate to the period of time preceding the grant of the patent.

Section 49 (22.12.1995/1695) - A compulsory licence may only be granted to a person deemed to be in a position to exploit the invention in an acceptable manner and in accordance with the terms of the licence who, before filing a claim for a compulsory licence, has made a verifiable effort to obtain, on reasonable commercial terms, a licence to the patented invention. A compulsory licence shall not prevent the proprietor of the patent from exploiting the invention himself or from granting licences under the patent. A compulsory licence may only be transferred to a third party together with the business in which it is exploited or was intended to be exploited.

Section 50 - Compulsory licences shall be granted by a court of law, which shall also decide the extent to which the invention may be exploited and shall determine the remuneration to be paid and any other conditions under the licence. In the event of a substantial change in the circumstances, the court may, on request, revoke the licence or lay down new conditions.