UNILATERAL REFUSAL TO LICENSE PATENT: COMPARATIVE REVIEW OF COMPETITION LAW APPROACHES IN AMERICAN, EU AND IRANIAN LAW

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RAHBARI EBRAHIM; JAFARI CHALESHTORI MAHMOOD

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Paper Information

Journal: JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW Year:2015 | Volume:22 | Issue:7 Page(s): 22-48

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Title

UNILATERAL REFUSAL TO LICENSE PATENT: COMPARATIVE REVIEW OF COMPETITION LAW APPROACHES IN AMERICAN, EU AND IRANIAN LAW

Author(s)

RAHBARI EBRAHIM | JAFARI CHALESHTORI MAHMOOD | Issue Writer Certificate

Keywords

UNILATERAL REFUSAL TO LICENSEQ2

PATENT; COMPETITION LAWQ1

COMPULSORY LICENSEQ2

ESSENTIAL FACILITIESQ2

ABUSE OF DOMINANT POSITIONQ2

Abstract

UNILATERAL REFUSAL TO LICENSE is one of the Issues that in its context, competition law challenges patentee exclusive rights in a serious way; because such refusal may disrupt competition.Having provided the exact notion of UNILATERAL REFUSAL TO LICENSE, this paper, in a analytical method and comparative view, is going to analyze different competition authorities procedures and judicial precedents and doctrines presented in US and EU law which try to justify competition law intervention in compelling patentee to license requisite companies and then clarify vague approaches of Iranian competition regulations.The real question is in what Circumstances Refusal to license patent has anticompetitive effects? What is the criteria for this statement? What is the point of Iranian law and is it close to the view of pioneer countries or not.Regarding our country competitive and Technological Atmosphere and established rules in US and EU law, this research provides some solutions in setting balance between fundamental competitive concerns in prohibiting anticompetitive manners in one hand and recognition of patent holder authority in the licensing his IP in the other hand, because of promoting Innovation.

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APA: Copy

RAHBARI, EBRAHIM, & JAFARI CHALESHTORI, MAHMOOD. (2015). UNILATERAL REFUSAL TO LICENSE PATENT: COMPARATIVE REVIEW OF COMPETITION LAW APPROACHES IN AMERICAN, EU AND IRANIAN LAW. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, 22(7 ), 22-48. SID. https://sid.ir/paper/255897/en

Vancouver: Copy

RAHBARI EBRAHIM, JAFARI CHALESHTORI MAHMOOD. UNILATERAL REFUSAL TO LICENSE PATENT: COMPARATIVE REVIEW OF COMPETITION LAW APPROACHES IN AMERICAN, EU AND IRANIAN LAW. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW[Internet]. 2015;22(7 ):22-48. Available from: https://sid.ir/paper/255897/en

IEEE: Copy

EBRAHIM RAHBARI, and MAHMOOD JAFARI CHALESHTORI, “UNILATERAL REFUSAL TO LICENSE PATENT: COMPARATIVE REVIEW OF COMPETITION LAW APPROACHES IN AMERICAN, EU AND IRANIAN LAW,” JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, vol. 22, no. 7 , pp. 22–48, 2015, [Online]. Available: https://sid.ir/paper/255897/en

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