Compulsory Licensing Under The Patents Act
Under the pre-2004 provisions of the Patents Act, section 55 of the Patents Act provided that an application may be made to court for the grant of a license after 3 years from the date of the grant of a patent, or 4 years from the date of filing of the patent application, whichever is […]
The Incongruousness Between Competition Law And Intellectual Property Licensing
Intellectual property is the creative work of human intellect. The primary motivation to protect these ‘knowledge goods’ is promotion of innovation and creativity by striking a balance between protecting the inventor or creator’s rights and fostering follow-on or cumulative developments. Nations do this by granting statutory expression to the to the exclusive economic rights of […]
Patent Licensing in Sri Lanka
Introduction Patent legislation in Sri Lanka can be traced to the earlier years of this century. As pointed out by T.A. Blanco White “the basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved” (quoted by Banks Commission in its Report on […]
Trademark Licensing in Singapore
Abstract Trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Trademarks licensing is an agreement through which the Trademark owner permits the licensee to use the trademark for commercial purposes. This article deals with the Trademark […]
Patent Licensing In Singapore
Intellectual property rights (IPR) have come to be a crucial asset in improving businesses in today’s global economy. They’re pivotal with regard to the success of small and medium-sized enterprises (SME) by way of providing a safeguard to their innovations and generating income. One such vital source of income is licensing and assignment of IPR, wherein the […]
Patent Royalty Agreement
INTRODUCTION The royalty agreement of patent means that a person having the patented products is ready to delegate his exclusive rights to some extent in the form of license to a person who shall be known as a licensee who would further use, manufacture, or whatsoever under the provided patent and would pay royalty amount to the […]
Licensing Of Trademark
Trademark licensing is a process through which a registered trademark owner (licensor or proprietor), allows another party, called a licensee, to make or distribute or do both for specific products or services under the licensor’s trademark agreement. The licensor receives money or royalties, a percentage of all sales, in the form of consideration in exchange for […]
Commentary On Compulsory Licensing Under The Patents Act, 1970
Patents provide exclusive rights to the patent proprietors over their novel creations. There is an implied expectation that the owners of the patents will work the patented inventions pragmatically on a commercial scale without any undue delay. However, in certain cases, these rights are exploited for anti-competitive practices. In order to prevent such abuse, the […]
Voluntary Licensing Agreements for Remdesivir
Gliead is rapidly working to fight with this outbreak of novel COVID-19. Remdesivir is a potential drug for the treatment for COVID-19. Remdesivir has formally not been approved as treatment of COVID-19. USA is using appropriate authorities for the investigation of the drug. That there are multiple clinical trials going on check safety and efficiency […]
Trademark Licensing in India
Trademark licensing is the process wherein a registered proprietor of a trademark authorizes a third party to use the mark in the course of trade without transferring the ownership of the mark. The licensing of the trademark allows the registered proprietor to let others use the mark without assigning the ownership of the mark. The proprietor […]