Mirghasem Jafarzadeh; Ali Seyedin
Abstract
Disclosure grace period” is a length of time in which the applicant can file patent or industrial design application after public disclosure of the subject-matter and without impairing the novelty requirement. To provide “grace period” in patent law, the legislature should consider ...
Read More
Disclosure grace period” is a length of time in which the applicant can file patent or industrial design application after public disclosure of the subject-matter and without impairing the novelty requirement. To provide “grace period” in patent law, the legislature should consider four elements: duration of grace, type of disclosure, absolute or relative immunity of investor’s disclosure against third parties’ publications and priority right. This article discusses the mentioned elements and also pros and cons of grace period by analyzing Iranian law and through comparative studies. It is concluded that grace period is like a double-edged sword which means, on the one hand, that providing broad grace period along with strong shielding for inventor’s disclosure can promote academic inventors and SMEs, but on the other hand, this approach can be misused by strategic delay or disclosure. Additionally, interaction of priority right with grace period can be a barrier for technology transfer and attracting investors. Considering the status of Iran as a developing country, it is suggested that Iranian Legislature should increase grace period to 12 months, accept absolute immunity regarding patents and relative shield for designs and use the date of priority for the calculation of grace period in relevant cases.
Mirghasem Jafarzadeh; Ebrahim Rahbari
Volume 1, Issue 1 , February 2013, , Pages 65-104
Abstract
Technology Licensing contract are agreements which pave the way
for transferring and diffusing of technology. These agreements usually
contain restrictive clauses which pose competitive concerns. These
restrictive clauses are divided into three categories, one of which is
hardcore or per se illegal ...
Read More
Technology Licensing contract are agreements which pave the way
for transferring and diffusing of technology. These agreements usually
contain restrictive clauses which pose competitive concerns. These
restrictive clauses are divided into three categories, one of which is
hardcore or per se illegal ones. Having briefly considering the position
of these restrictive clauses within the other restrictive practices, this
article has mainly the intention to analyze the subject in the light of
American and EU laws as well as the international instruments. In
doing this job, this paper will also have special reference to the
experiences of some Asian countries which by adopting an efficient
competition policy have acquired substantial successes in this field.
Upon the results of this analysis, this article, showing the surprising
deficiencies and obscurities of the Iranian law and challenging its
competition policies, will try to provide appropriate guidance and
suggestions for legislative bodies, competition council and judicial
courts
