Spanish law

Main changes introduced by the new law

Two scenarios are added: compulsory license to remedy anti-competitive practices and compulsory license to manufacture drugs to be exported to countries with public health problems.

Burden of proof and mediation: before applying for it, the applicant of a compulsory license must obtain evidence of the unsuccessful attempts for obtaining such license from the patent holder. Certificate issued by the SPTO is removed as necessary evidence to prove the exploitation of the invention. Likewise, mandatory mediation is also removed; although the Office may invite the parties to use mediation to reach a suitable agreement.

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