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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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On Sale Bar – Sales require Consideration, not necessarily Money Payment

Patently-O

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 2002) (offer to make a “remote database object.

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime

SpicyIP

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. The invention not being reasonably affordable.

Licensing 119
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Artificial Intelligence (AI) Patent Filings Continue Explosive Growth Trend at the USPTO

LexBlog IP

At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018. In the last quarter of 2020, the United States Patent and Trademark Office (USPTO) reported that patent filings for Artificial Intelligence (AI) related inventions more than doubled from 2002 to 2018.

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Competition Law: The Patent Pendulum

Intepat

When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.

Law 52
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Intellectual Property Rights in the Telecom Industry

IIPRD

Intellectual property rights (hereinafter referred to as ‘IPR’) are the legal rights granted to the inventor or creator to safeguard his or her invention or production for a certain period of time. These legal rights grant the inventor, creator, or assignee the only right to fully exploit his invention/creation for a given period.

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Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. However the patent act is silent regarding what would constitute the “restrain to trade” but Section 4 of the competition act, 2002 defines “limits or restricts”.