[A2k] Question on excesive pricing as abuse of copyright

corporacion innovarte innovartecorporacion at gmail.com
Sun Apr 17 11:34:24 PDT 2011

Dear all

To answer a question put forward by US, in a TRIPS  exam for a developing
country,  do you have examples of US law or EU Law , where
it would be possible to consider as an abuse of copyright the refusal to
deal or excesive pricing, that might allow compulsory licensing by a judge?.

Also resources to justify according to TRIPS such a provision, allowing a
judge to grant compulsory licensing for publishing or translating a work
when the rightholder refuses to grant a license  or the price is too high.


Luis Villarroel
Director de Investigacion
Corporación Innovarte

Agustinas 1185 of. 88, Santiago, Chile.
Fono: 56 2 6886926

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