Analysis of the legal status of the unauthorized license contract with the emphasis on the system of patent law

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Saatchi Ali

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Private Law Year:2021 | Volume:18 | Issue:2 Page(s): 417-438

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

Analysis of the legal status of the unauthorized license contract with the emphasis on the system of patent law

Author(s)

Saatchi Ali | Issue Writer Certificate

Keywords

Unauthorized Contract

situation of contract

Fundamentals of the Patent System

Document registration system

Economic Analysis

Abstract

One of the fundamental questions related to the analysis of intellectual property contract law is the status of the unauthorized license agreement. If the licensor granting the exploitation right to the licensee is not the owner of the intellectual property rights, what is the legal status of this contract? To answer to the question, there are three doctrines. Some of them recognize the non-nullity of the license agreement because, in case of an Unauthorized Contract, the nullity could maintain the owner's exclusive rights. Another group, according to the general rules of contracts, supports the invalidity of the contract. However, some doctrines recognize the validity of a contract. Their arguments are based on innovation and creativity in intellectual property, conflicting with the principles of patents, and protecting the owner who has the good faith with an emphasis on Economic Analysis. Thus, they conclude that the unauthorized license contract is concluded correctly. Therefore, the owner could not nullify the contract. The present article criticizes the situation of nullity and invalidity. It analyses and criticizes the invalidity and nullity and concludes that the situation of invalidity is more in line with the legal rules of the domestic system.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans