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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(5) [September 2010] >
| Title: | Facilitating Access or Monopoly: Patent Pools at the Interface of Patent and Competition Regimes |
| Authors: | Barpujari, Indrani |
| Keywords: | Anticommons
patent pool
patent thicket
access
monopoly
competition |
| Issue Date: | Sep-2010 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | In recent times, patent pools are being increasingly projected in
policy circles as an important tool for developing countries, particularly, to
gain access and cope with the problem of patent thickets in fields as diverse
as pharmaceuticals, biotechnology, nanotechnology, clean energy technologies,
etc. However, as borne out by the experience of different countries,
particularly the United
States, patent pools across industries could
become anti-competitive in nature and foster ‘monopoly of monopolies’.
As
developing countries like India
begin to explore possibilities for the creation of patent pools to facilitate
access to patented knowledge and technologies, it will be appropriate to look
into the interface of the patent and competition regimes and their implications
for patent pooling. This is imperative in order to facilitate setting up of
pools which optimize the benefits, while reducing the risks of monopoly and
cartelization, which they could give rise to. However, patent pooling is a very
recent concept in India, the Indian Competition Act, 2002 is yet to be notified
in full and there is dearth of case law on the subject. Hence, much of this
discussion can at best be anticipatory and derived from the jurisprudence and
case law of developed countries, particularly, the United States which has a
long history of both pools and competition law. |
| Page(s): | 345-356 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.15(5) [September 2010]
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