Bharadwaj, Ashish (2018) A note on the neglected issue of reverse patent holdup. Journal of Intellectual Property Law & Practice, 13 (7). pp. 555-563. ISSN 17471540
oup-accepted-manuscript-2018.pdf - Published Version
Restricted to Repository staff only
Download (168kB) | Request a copy
Abstract
The purpose of this article is to provide a comparative analysis of the case law developed by the courts of the European Union, United States and India on the issue of reverse patent holdup in standard-essential patent li censing. The importance of this issue is grounded in the need for a functional market for technologies that balances the interests of innovators, which rely on in centives to further develop technologies, and implementers, which rely on these technologies to make standard-compliant devices available to end-users.1 This balance is disturbed when the incentives for innovators are constrained in ways that are commercially unviable, or when access to technologies is hindered by strategic and opportunistic behavior of the patent holder. Either way, an environment is created where innovation is at suboptimal level.
Item Type: | Article |
---|---|
Keywords: | Patent | Case Law | European Union | Technologies |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School Jindal Initiative on Research in IP and Competition |
Depositing User: | Amees Mohammad |
Date Deposited: | 28 Apr 2022 09:57 |
Last Modified: | 28 Apr 2022 10:11 |
Official URL: | https://doi.org/10.1093/jiplp/jpx224 |
URI: | https://pure.jgu.edu.in/id/eprint/2718 |
Downloads
Downloads per month over past year