Can the government impose a compulsory license in Vietnam? If so, under what circumstances?

Yes, the Vietnamese government can impose a compulsory license in Vietnam under the following circumstances:

(i) Where the use of the invention is in the public interest, or for non-commercial purpose, national defense, security, disease prevention and treatment, nutrition for people, or meeting other urgent needs of the society;

(ii) Where the exclusive patent right holder fails to fulfill the obligation of using the invention as provided for in paragraph (1) Article 136 (The owner of an invention shall have the obligation to manufacture the patented product or use the patented process to meet the needs of national defense, national security, disease prevention and treatment, nutrition for people and to meet other urgent social needs. Where the needs provided for in this paragraph arise and the owner of an invention fails to perform such obligation, the State competent authority may grant licenses to use the invention to others without consent of the owner of the patented invention) and paragraph (5) Article 142 (A licensee under an exclusive patent license contract shall have the same obligation to use the invention as the owner of the invention as provided for in paragraph (1) of Article 136 of this Law) of VN IP Law 2005 after the expiration of four years from the date of filing of the patent application and the expiration of three years from the date of grant of the Patent for Invention depends on which comes later;

(iii) Where the person who wants to use the invention fails, despite efforts made within a reasonable period of time for negotiation on reasonable considerations and commercial conditions, to reach an agreement with the exclusive patent right holder upon the conclusion of a patent license contract;

(iv) Where the exclusive patent right holder is determined to perform an act of anti-competition prohibited under the law on competition;

(v) Where the owner of the dominant invention fails, without justifiable reasons, to satisfy the request made by the owner of the dependent patent, the competent authority may, without permission of the owner of the dominant invention, grant a license to exploit the dominant invention to the owner of the dependent patent.

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