Record Details

The Doctrine of Patent Misuse: Origins, Antitrust and the TRIPS Agreement

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title The Doctrine of Patent Misuse: Origins, Antitrust and the TRIPS Agreement
 
Creator Shaikh, Owais Hassan
 
Subject Patent Misuse
Equity
Patents
Antitrust
TRIPS
 
Description 247-252
Patent misuse refers to the acts of patent owners when they attempt to extend a patent’s exclusivity beyond its physical or
temporal scope. Common examples of patent misuse include tying or patent term extension. The patent misuse has its roots
in the doctrine of equity and was judicially created doctrine in the United States. Over the past century the concept has
evolved considerably and has hanged over the heads of patent owners. However, an antitrust-like analysis is replacing the
historical per se illegality of patent misuse acts gradually. The pressure over the concept is slowly taking its toll with
increasing calls for its abolition. This paper discusses the history and origins of patent misuse, its interface with competition
law and treatment under various articles of the TRIPS Agreement.
 
Date 2024-07-05T09:49:01Z
2024-07-05T09:49:01Z
2024-07
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64206
https://doi.org/10.56042/jipr.v29i4.6647
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.29(4) [July 2024]