Kermit Wong invents a new type of computer even smaller than a calculator and patents the invention. A large U.S. computer company buys the rights and makes the units at its California plant, whence it ships them across North America. Kermit realizes that he could make them more cheaply, but the computer company refuses to give him a licence to do so in Canada. Which of the following is true?
A)Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada.
B)There is nothing Kermit can do
C)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is using the patent.
D)Kermit can apply but will be unsuccessful because compulsory licensing only applies to drugs.
E)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is selling the computer in Canada.

Question

Quizplus · Accepted Answer

Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada if the patent holder is not using the patent in Canada or is not making the patented invention available to the public on reasonable terms.

Kermit Wong Invents a New Type of Computer Even Smaller