JURISPRUDENCE AND LAW BASIS FOR THE USE OF PATENT WITHOUT PATENTEE'S CONSENT

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ESKANDARIAN HASAN; SOLEIMANPOUR LICHAEI HAMID REZA

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2016 | Volume:16 | Issue:2 (42) Page(s): 139-161

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Information Journal Paper

Title

JURISPRUDENCE AND LAW BASIS FOR THE USE OF PATENT WITHOUT PATENTEE'S CONSENT

Author(s)

ESKANDARIAN HASAN | SOLEIMANPOUR LICHAEI HAMID REZA | Issue Writer Certificate

Keywords

HOARDINGQ2

HOARDERQ2

PATENTQ2

COMPETITIONQ2

PUBLIC BENEFITSQ1

Abstract

There is no precedent for the use of PATENT without PATENTee’s consent in jurisprudence. This article tries to make a connection between regulations of HOARDING and PATENTing through criterion unity through which the regulation of HOARDING could be applied to PATENTee who abstains production, without holding to invalid analogy in jurisprudence. Also, this article tries to extend HOARDING cases to goods beyond foods, resorting to cause of divine ordinance.Next, the process of putting price on goods and PATENTs are discussed and is proved that the government has the authorization to put price on PATENTs. In international documents using PATENT without consent is authorized within limits.In Iranian code, PATENT act has allowed the government to exploit PATENT without the consent of PATENTee within defined limits. It seems that jurisprudence and law sources about the subject of this article are limited and require more research and scrutiny.

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APA: Copy

ESKANDARIAN, HASAN, & SOLEIMANPOUR LICHAEI, HAMID REZA. (2016). JURISPRUDENCE AND LAW BASIS FOR THE USE OF PATENT WITHOUT PATENTEE'S CONSENT. ISLAMIC LAW RESEARCH JOURNAL, 16(2 (42) ), 139-161. SID. https://sid.ir/paper/229427/en

Vancouver: Copy

ESKANDARIAN HASAN, SOLEIMANPOUR LICHAEI HAMID REZA. JURISPRUDENCE AND LAW BASIS FOR THE USE OF PATENT WITHOUT PATENTEE'S CONSENT. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2016;16(2 (42) ):139-161. Available from: https://sid.ir/paper/229427/en

IEEE: Copy

HASAN ESKANDARIAN, and HAMID REZA SOLEIMANPOUR LICHAEI, “JURISPRUDENCE AND LAW BASIS FOR THE USE OF PATENT WITHOUT PATENTEE'S CONSENT,” ISLAMIC LAW RESEARCH JOURNAL, vol. 16, no. 2 (42) , pp. 139–161, 2016, [Online]. Available: https://sid.ir/paper/229427/en

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