Volume 22, Issue 77 And 78 (9-2017)                   __Judicial Law Views __2012__, 22(__59__): __224131 | Back to browse issues page

XML Persian Abstract Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

roohizadeh A, abbastabar M. Declartory jugdement and protection of Potential Patent Infringers. دیدگاه‌های حقوقی. 2017; 22 (77 and 78) :113-131
URL: http://jlviews.ir/article-1-751-en.html
1- , a.roohizadeh.k@gmail.com
Abstract:   (505 Views)

Generally, one of the most important impediments before persons who wants One of the most important obstacles faced by those who intend to enter the inventions market is the concern about violation of others rights, which usually will result in severe sanctions in legal systems. In this situation, those Persons need a solution, which give them the opportunity, before start investment, to ask the court if their acts are violation of a patent right. In U.S.A law, this solution afforded by declaratory judgment. In Iran law, although article 18 of patents, industrial designs and trademarks act permit any interested person to ask invalidity of a patent, but by court’s limited interpretation of the notion of interest, acceptance of these actions is in uncertainty. Declaratory judgment, by interpretation of patent’s vague claims and checking of its validity, by removing of any uncertainty about patent infringement and deletion of non-proper patents, will be helpful in the process of research and improvement of innovation and support pubic knowledge.
 

Full-Text [PDF 459 kb]   (209 Downloads)    
Type of Study: Research | Subject: Pivate Law
Received: 2016/01/08 | Revised: 2019/01/02 | Accepted: 2018/02/19

Add your comments about this article : Your username or Email:
CAPTCHA code

Send email to the article author


© 2019 All Rights Reserved | Judicial Law Views Quarterly

Designed & Developed by : Yektaweb