Comparative Analysis of Classification of Biotechnology Licensing Agreements
Abstract
This article presents a comprehensive classification system for licensing agreements in biotechnology, analyzing diverse license types including exclusive, non-exclusive, sole, and compulsory licenses, alongside specialized mechanisms such as conditional exclusivity, field-of-use restrictions, and geographic limitations. Drawing on international practices across the United States, the European Union, Japan, China, South Korea, and Uzbekistan, the study demonstrates that biotechnology’s unique characteristics necessitate sophisticated classification systems that exceed traditional industrial licensing frameworks. The research examines how different license types serve distinct commercial functions, analyzing the role of exclusive licenses in supporting substantial capital investments, the utility of non-exclusive licenses for platform technologies, and the importance of sole licenses in university-industry partnerships. The article proposes legislative reforms for Uzbekistan, introducing sole licensing recognition, differentiating registration requirements by license type, and establishing biotechnology-specific provisions addressing field-of-use restrictions, compulsory licensing, and conditional exclusivity mechanisms.