• Patent Pools and Competition Law - A Study of the Contemporary Scenario

    Author(s):
    Aiswarya R Hormis, Aparna Sivaram
    Editor(s):
    IJLLR Indian Journal of Law and Legal Research (see profile)
    Date:
    2021
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/w0xb-ft84
    Abstract:
    The intense conflict between intellectual property law and competition law is seen in almost every field of industry reflecting the concept of discord between individual benefit and business ethics. The development of jurisprudential literature on the two disciplines gives an insight as to what forms the legal foundation of the conflict. One of the many examples of this conflict would be the friction between patent pools and anti-trust practices. Till date, there are numerous issues faced by patent pools such as patent hold-up and hold-out problems. Patent pools are commonly characterized by patent holders coming together, waiving their exclusive rights under an agreement. While they help to develop research and innovation and reduce transaction costs by allowing licensing of multiple patents, they also provide space for potential malpractices such as collusion, price fixing and cartelization. In such a scenario, it becomes imperative to analyze the anti-competitive effects of patent pools and look for robust solutions to foster a healthy and competitive environment to maintain an amicable economic climate. Through this paper, the authors would like to shed better light on this issue and make an attempt at suggesting a few constructive solutions which will alleviate, if not solve the problem.
    Metadata:
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    Published as:
    Journal article     Show details
    Publisher:
    IJLLR | Indian Journal of Law and Legal Research
    Journal:
    Indian Journal of Law and Legal Research
    Volume:
    1
    Issue:
    2
    ISSN:
    2582-8878
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    Attribution-NonCommercial
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