Document Type : Research Paper
Authors
1 PhD graduate in Private Law, faculty of administrative science and economic, isfahan university, Isfahan, iran.
2 Assistant professor, Department of Law, Isf, C., Islamic Azad University, Isfahan, Iran
Abstract
In determining the illegitimacy of package license , what has caused the inconsistency among scholars and the anxiety of American courts has been the contradictory guidelines governing package license and the inflexible arrangements of the U.S Department of Justice. assessment of the economic effects and consequences of these agreements on the one hand and respect of freedom of contracts and standards of competition law and antitrust rules on the other hand have added to this divergence. While accepting the non-invalidity of these agreements, the U.S courts consider their legitimacy to be subject to the element of discretion, additional royalties, necessity of all items in the package, . The doctrine of abuse is also has undergone significant developments in American courts. Domestic laws do not mention a package license, judicial proceeding has not had the opportunity to comment, and injured party in such contracts will resort to principles of civil liability and, the recognition of the Competition Council contained in the Law on the Amendment of General Policies, Article 44 of the Constitution. Legislator should to draw a framework of the competition law and the exclusive rights of inventors by explaining the criteria for illegitimacy of these contract.
Keywords
Main Subjects
)