A note on the neglected issue of reverse patent holdup

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

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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


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