Please use this identifier to cite or link to this item:
|Title:||Exceptions and Limitation of Patent Rights and its Enforcement in India|
|Authors:||Lenin, Biplab Kumar|
|Keywords:||Patent right exceptions;Compulsory licensing;Principle of exhaustion;Implied licenses;Parallel importation;Research exceptions;Foreign vessels;Regulatory approval;Government use;Patent limitations|
|Abstract:||A Patent holder enjoys a bundle of exclusive rights given as an incentive for the investment in innovative activities and for the dissemination of knowledge to public. However, these rights are not perpetual and can be revoked in exceptional circumstances to balance the interests of the patent holders with those of others; there are various exceptions and limitations to these rights. Such exceptions are experimental or research use; use on foreign vessels; obtaining regulatory approval from authorities; exhaustion of patent rights and parallel imports; compulsory licensing and use or acquisition of inventions by government. Even though there are exceptions and limitations, yet the term to hold a patent remained unaltered. The current paper attempts to consolidate all the exceptions and evaluate the effects of these exceptions on the monopoly rights of a patent holder.|
|ISSN:||0975-1076 (Online); 0971-7544 (Print)|
|Appears in Collections:||JIPR Vol.20(5) [September 2015]|
Items in NOPR are protected by copyright, with all rights reserved, unless otherwise indicated.