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Intersection of Intellectual Property Law and Competition Law with respect to Cross Licensing Agreements

IIPRD

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. Cross-licensing agreements can both restrain and advance competition.

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I Forgot! Retroactive Foreign Filing License Petitions for U.S. Inventors

LexBlog IP

For a patentee filing for patent protection regarding an invention made in the United States, a license is required before filing any application for a patent in a foreign country. Failure to get a foreign filing license can lead to invalidation of subsequently granted patents (35 U.S.C. Custom Blinds & Components , 2016 U.S.

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Compulsory licensing for expensive medicines: KCE report

SpicyIP

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. Ordinarily, patentees voluntarily decide whether or not and on what conditions to grant licenses to third parties. Failing which, a compulsory license can be issued. Natco Pharma Ltd.

Licensing 119
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When is an IP agreement between a university and a student inventor unfair?

The IPKat

In 2016, ONI licensed the Nanoimager from the University, whereby the University received royalties on ONI’s sales of the Nanoimager based on the terms of the IP Provisions. Though this part of the judgement was heavily focused on contract law, some significant points regarding student inventors were determined. But unfair?

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Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.

IPilogue

Rovi’s revenue model is to license a portfolio for a rate without consideration for the number of patents. Videotron did not renew its license which expired in 2016. Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete.

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National IPR Policy: Substantiating the Need for a New Regime

Intepat

In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. But first, let’s look at what the 2016 India’s National IPR Policy states. The major focus is to promote “Make in India” products.

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Understanding Standard Essential Patents

Intepat

While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market. Therefore, the need to obtain information as well as the license to use such technology is innately high, and this is where the concept of FRAND licensing comes in.

Patent 52