An Analysis on Patent Misuse Doctrine in the U. S and Iranian Legal System

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.

RAHBARI EBRAHIM; HOSSEINI SEYED MOHAMMAD AMIN

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

Journal Paper

Paper Information

Journal: Journal of Comparative Law Year:2020 | Volume:15 | Issue:2 (112) Page(s): 147-168

Download Full-Text

Persian Verion

View:

449

Download:

Cites:

Information Journal Paper

Title

An Analysis on Patent Misuse Doctrine in the U. S and Iranian Legal System

Author(s)

RAHBARI EBRAHIM | HOSSEINI SEYED MOHAMMAD AMIN | Issue Writer Certificate

Keywords

Patent misuse doctrineQ1

Patent lawQ1

Competition lawQ2

Licensing agreementQ1

Intellectual property lawQ2

Abstract

Misuse of the rights granted by law – i. e. patent misuse– is a major concern of authorities. Patent misuse happens when the owner(s) of a patent attempt to benefit from it beyond the scope envisaged by law. Expanding the scope of a patent, cases of Patent-tie, and extending the duration of a patent through licensing are the most prominent examples of patent misuse. The United States’ legal system and its Patent laws have tried to forestall such acts by developing the independent doctrine of “ Patent misuse” ; however, this doctrine is so integrated with the foundations and principles of Competition law that it has partly lost its identity and independence. Nevertheless, patent misuse is still used as an effective measure in patent infringement cases. As for Iran’ s legal system, the aforesaid doctrine has not made its way into the laws in an explicit manner; however, instances of regulations against patent misuse behaviors can be spotted. All in all, it is evident that our country’ s patenting system has paid no heed to this doctrine and, thus, has missed the opportunities and advantages it could offer. The present paper seeks to investigate the implementation of this doctrine in Iran’ s very legal context while analyzing the approaches regarding the doctrine’ s connection with competition principles, explaining the concept of patent abuse along with its history and development, and pointing out its examples in the United States’ legal system as its place of origin. Moreover, the shortcomings and inefficiencies of Iran’ s patenting and competition system with regard to this issue are also revealed and certain solutions are put forward for benefiting from this doctrine’ s potentials.

Cites

No record.

References

No record.

Cite

APA: Copy

RAHBARI, EBRAHIM, & HOSSEINI, SEYED MOHAMMAD AMIN. (2020). An Analysis on Patent Misuse Doctrine in the U. S and Iranian Legal System. COMPARATIVE LAW (NAMEH-YE MOFID), 15(2 (112) ), 147-168. SID. https://sid.ir/paper/360554/en

Vancouver: Copy

RAHBARI EBRAHIM, HOSSEINI SEYED MOHAMMAD AMIN. An Analysis on Patent Misuse Doctrine in the U. S and Iranian Legal System. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2020;15(2 (112) ):147-168. Available from: https://sid.ir/paper/360554/en

IEEE: Copy

EBRAHIM RAHBARI, and SEYED MOHAMMAD AMIN HOSSEINI, “An Analysis on Patent Misuse Doctrine in the U. S and Iranian Legal System,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 15, no. 2 (112) , pp. 147–168, 2020, [Online]. Available: https://sid.ir/paper/360554/en

Related Journal Papers