Library Catalogue
Regulation of patent monopoly under competition law
Vijay Kumar Chourasia
Regulation of patent monopoly under competition law - BangaloreBangalore NLSIU 2011 - 76 p. ; 25 cm.
CONTENTS Certificate; Declaration ; Acknowledgement ; List of Abbreviations ; Table of Legislation ; Table of Conventions and Treaties ; Table of Agreements and MOU; Abstract ; Objective of study; Research methodology; Hypotheses; Research question; Limitation; Mode of citation; 1. Introductory ; History, evolution and object of patent and competition law ; . Does patent monopoly promote competition? ; 3.1. Patent monopoly is an instrument to promote competition; 3.2. Patent monopoly may affect the competition; 3.3. Jurisprudential analysis of abuse of right; 3.4. Abuse of patent monopoly; • Refusal to grant licence; • Imposing unreasonable conditions while granting licence; • Price practices; • Excessive pricing; • Price fixing; • Predatory pricing; • Price squeeze; • Discrimination; • Refusal to deal; • Tie-in restrictions; • Patent package; • Patent pooling; • Grant-back; Principles for determining anti-competitive practices regarding patent abuse ; 4.1. Patentees' monopoly right and obligations in India; 4.2. Patent right as chose in action: 43. Duties of patentee under Indian Patent law; 4.4. Rules for determining effect on competition: Concept of Rule of reason and per se rule; 4.5. End of "per se rule" in U.S. for patent ties case; 4.6. Under Indian competition law the "per se rule" or "shall presume rule" lies in vacuum, if applied to regulate patent monopoly; 4.7 Regulation of patent monopoly in India by the application of "rule of reason"; 4.8 Abuse of patent monopoly under Section4 of the Competition Act, 2002; 5. Where the remedy lies in case of interface between patent and competition law? ; 5.1 Jurisdictional conflict in U.S.; 5.2. Jurisdictional conflict in EU; 5.3. Regulation of patent abuse under Canadian Competition law; 5.4. Where the remedy lies in competition issues arising from patent; infringement dispute in India?; 6. International regime to regulate the competition and IPRs (patents) interface ; 6.1. Paris Convention and NAFT A; 6.2. TRIPS standard; 6.3. Havana Charter and Draft International Antitrust Code; 7. Extraterritorial enforcement jurisdictional conflict to regulate patent monopoly ; 7.1. Effects doctrine; 7.2. Bilateral co-operation; 7.3. Multilateral co-operation; 7.3.1. Multilateral Agreement; 7.3.2. Role of OECD; 7.3.3. Role of UNCTAD; Conclusion ; Suggestions ; References ;
Regulation of patent monopoly under competition law - BangaloreBangalore NLSIU 2011 - 76 p. ; 25 cm.
CONTENTS Certificate; Declaration ; Acknowledgement ; List of Abbreviations ; Table of Legislation ; Table of Conventions and Treaties ; Table of Agreements and MOU; Abstract ; Objective of study; Research methodology; Hypotheses; Research question; Limitation; Mode of citation; 1. Introductory ; History, evolution and object of patent and competition law ; . Does patent monopoly promote competition? ; 3.1. Patent monopoly is an instrument to promote competition; 3.2. Patent monopoly may affect the competition; 3.3. Jurisprudential analysis of abuse of right; 3.4. Abuse of patent monopoly; • Refusal to grant licence; • Imposing unreasonable conditions while granting licence; • Price practices; • Excessive pricing; • Price fixing; • Predatory pricing; • Price squeeze; • Discrimination; • Refusal to deal; • Tie-in restrictions; • Patent package; • Patent pooling; • Grant-back; Principles for determining anti-competitive practices regarding patent abuse ; 4.1. Patentees' monopoly right and obligations in India; 4.2. Patent right as chose in action: 43. Duties of patentee under Indian Patent law; 4.4. Rules for determining effect on competition: Concept of Rule of reason and per se rule; 4.5. End of "per se rule" in U.S. for patent ties case; 4.6. Under Indian competition law the "per se rule" or "shall presume rule" lies in vacuum, if applied to regulate patent monopoly; 4.7 Regulation of patent monopoly in India by the application of "rule of reason"; 4.8 Abuse of patent monopoly under Section4 of the Competition Act, 2002; 5. Where the remedy lies in case of interface between patent and competition law? ; 5.1 Jurisdictional conflict in U.S.; 5.2. Jurisdictional conflict in EU; 5.3. Regulation of patent abuse under Canadian Competition law; 5.4. Where the remedy lies in competition issues arising from patent; infringement dispute in India?; 6. International regime to regulate the competition and IPRs (patents) interface ; 6.1. Paris Convention and NAFT A; 6.2. TRIPS standard; 6.3. Havana Charter and Draft International Antitrust Code; 7. Extraterritorial enforcement jurisdictional conflict to regulate patent monopoly ; 7.1. Effects doctrine; 7.2. Bilateral co-operation; 7.3. Multilateral co-operation; 7.3.1. Multilateral Agreement; 7.3.2. Role of OECD; 7.3.3. Role of UNCTAD; Conclusion ; Suggestions ; References ;