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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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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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Hollow Victory? Delhi High Court Says Patents Act Supersedes Competition Act, with Shaky Reasons

SpicyIP

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. Taking guidance from earlier case law ( Ashoka Marketing Ltd.

Patent 98
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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
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2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

It could be copyright infringement to continue serving photos from servers after the license expired. August 5, 2022): “the Patent Act requires an ‘inventor’ to be a natural person…only a natural person can be an inventor, so AI cannot be.” . * Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,

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Toothless National Policy on Rare Diseases- Part II

SpicyIP

It wasn’t a question of if they could try, it was a question of why should they try when there was no market power(!) In India, forget treatments for rare diseases, even the development of regular treatments for mass markets is an issue. and so incentives were helpful. DMD is covered under the above Act.