Ali Roohizadeh
Abstract
A problem that could be posed regarding patent license contract is the effect of patent invalidation in case of lack of novelty and inventive step. Under article 18 of Patents, Industrial Designs and Trademarks Act, the effect of patent invalidation on the basis of lack of novelty and inventive step ...
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A problem that could be posed regarding patent license contract is the effect of patent invalidation in case of lack of novelty and inventive step. Under article 18 of Patents, Industrial Designs and Trademarks Act, the effect of patent invalidation on the basis of lack of novelty and inventive step is from registration, that is, there was no patent. It can be said that since the use of voided invention was free for all, the contract is invalid for the lack of consideration and hence, licensee can be restituted the paid royalties although he benefited from license advantages. However, it should be noted that licensee that calculated license cost in final price and benefited from real monopoly, by restitution of paid royalties, enriches in non- agreed trade which is an example of akle-bel-batel. Also, it can reduce inventors motive to register their inventions and also delay the challenge of the invalidity of improper patent in a court and its invalidation. From comparative law perspective, licensee who had benefited from license advantages, cannot ask restitution of paid royalties and it is recommended to be considered in the said Act amendment.
Mostafa Bakhtiarvand; Majid Sarbazian
Abstract
Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal ...
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Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal are now assessed in accordance with rational criteria and as a part of the contracts.The illegality of these provisions may lead to the illegality of the contract. In Europe, only exclusive grant-backs are subject to an individual assessment, and not as a part of more global contract.Other conditions of the contract areexempt from general prohibition considered in Article 101 of European Treaty. In Iranian law, these provisionsare new issues which can be justified by the concept of reasonableness and the general rules of contracts. This condition does not specifically mention in General Policies of Implementation of Article 44 of the Constitution. It is forbidden if it is regarded as an unfair term oras an abusive of dominant economic conditions.
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 ...
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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
