NISCAIR Online Periodicals Repository

Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(6) [November 2010] >

Title: Exploring the Utility of Utility Models for Fostering Innovation
Authors: Boztosun, N Ayse Odman
Keywords: Utility models
compulsory licences
Issue Date: Nov-2010
Publisher: NISCAIR-CSIR, India
Abstract: A patent right provides the first and foremost form of protection for inventions. Patent regimes exist in almost every country. Despite convergence specially pushed through TRIPS, there are still important differences between these regimes. Lesser forms of patent protection for inventions, namely, utility models or short term or petty patents, constitute one of these fundamental differences. This article examines the pros and cons of these systems and comes up with the argument that such rights are necessary to foster innovation in a capitalist economy. The article further asserts that such utility models may serve to remedy the shortcomings of the patent system, provided that they are enforced within a legal structure conducive to innovation, i.e. complemented with certain restrictions envisaged in the relevant intellectual property legislation and conditioned by effective enforcement of antitrust laws.
Page(s): 429-439
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(6) [November 2010]

Files in This Item:

File Description SizeFormat
JIPR 15(6) 429-439.pdf121.82 kBAdobe PDFView/Open
 Current Page Visits: 782 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 171099 since 01-Sep-2015  Last updated on 30-Jun-2016Webmaster: