THE LEGAL NATURE OF LICENSE AGREEMENTS IN THE FIELD OF BIOTECHNOLOGY
Abstract
This article examines the legal nature of license agreements in the field of biotechnology through a comparison of the main legal systems. The study considers the theoretical foundations of patent licensing and analyzes the question of whether licenses are purely contractual instruments or possess characteristics close to property rights. By examining the legal systems of the United States, the European Union, Japan, China, South Korea, Russia, and Uzbekistan, the study identifies the key differences in understanding license agreements. The article demonstrates that the unique characteristics of biotechnology — in particular, long development periods, significant capital requirements, and complex regulatory systems — necessitate a special legal approach. The study proposes a mixed approach for Uzbekistan that balances contractual flexibility and property protection. Specific recommendations are provided on adapting national legislation to international best practices and meeting the needs specific to biotechnology.