Many advocates for using compulsory licensing (CL) for pharmaceutical patents in
developing countries like Thailand rest their case in part on the purported use of CL in the
United States. In this Article we take issue with that proposition on several grounds. As a
textual matter, the" commercially reasonable terms" language in Arti-cle 31 of TRIPS, even
when qualified by the Doha declaration, prevents any host nation from using whatever
royalties it wants in its CL arrangements, especially those that are below marginal cost. As a …

Many advocates for using compulsory licensing (“CL”) for pharmaceutical patents in
developing countries like Thailand rest their case in part on the purported use of CL in the
United States. In this paper we take issue with that proposition on several grounds. As a
theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP
should apply in the international arena, in addition to the domestic one. In the international
context, voluntary licenses are of special importance because they strengthen the supply …