Compulsory license in Brazil: competition tool or just a threat?

Abstract

The compulsory license flexibility should be considered as a real tool in order to correct the abuse or deviation in the use (or absence of use) of intellectual property rights. This paper looks into one of the hypothesis that could be connected with the internationally recognized (but not used) compulsory license in the patent field related to the Brazilian context. The mentioned hypothesis is connected with the recognition of the fraternity principle as a hermeneutic basis to illuminate the compulsory license system in order to become more than just a threat and confirm its essential competition functionality.