The authority to issue a compulsory license is important, even when the right isn't exercised, because it may temper the exercise of market power or the abuse of a patent. Governments issue compulsory licenses to broaden access to technologies and information in order to achieve a number of public purposes. The Clean Air Act provides for compulsory licensing of patents related to air pollution. Antitrust authorities seek compulsory licenses as remedies for problems of monopoly or anticompetitive practices. Patents and other intellectual property rights are creations of government policy.
Nations currently have the right to issue compulsory licenses on patents and copyrights.
After broad opposition to the MAI, negotiations were suspended. The United States uses considerable bilateral pressure to stop developing countries from using compulsory licensing for pharmaceuticals. For example, the US is actively pressuring South Africa and Thailand against the use of compulsory licenses of pharmaceuticals to treat AIDS or tropical diseases. It is anticipated that disputes concerning compulsory licensing will eventually come before the WTO in the dispute resolution framework. Each country will have its own priorities for compulsory licensing.