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Why is compulsory licensing not applicable to industrial designs?




Compulsory licensing is a provision that applies exclusively to inventions and utility models, but not to industrial designs that are primarily concerned with aesthetics. The reason for this is that technical solutions have limited ways of being effectively implemented and must comply with the laws of nature. Denying a patent license to others would likely leave them with no other way to solve the problem. Industrial designs, on the other hand, are related to the appearance of a product, such as its shape, pattern, or colour. While beautiful designs can enhance our lives, they are not essential for survival. Therefore, there is no need to limit the rights of a design right holder unless it is absolutely necessary. Respecting others' rights is a fundamental rule in modern times, and compulsory licensing should be used only as a last resort.



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