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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
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
innovation
patents
compulsory licences
antitrust |
| 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]
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