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Title: Exceptions and Limitation of Patent Rights and its Enforcement in India
Authors: Lenin, Biplab Kumar
Rohatgi, Harsha
Keywords: Patent right exceptions;Compulsory licensing;Principle of exhaustion;Implied licenses;Parallel importation;Research exceptions;Foreign vessels;Regulatory approval;Government use;Patent limitations
Issue Date: Sep-2015
Publisher: NISCAIR-CSIR, India
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.
Page(s): 297-304
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.20(5) [September 2015]

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