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Zurich Open Repository and Archive
Part of book or chapter of book . 2017
SSRN Electronic Journal
Article . 2018 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978178...
Part of book or chapter of book . 2017 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.5167/uzh...
Other literature type . 2017
Data sources: Datacite
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Abusive Filing of IP Rights

Authors: Heinemann, Andreas;

Abusive Filing of IP Rights

Abstract

Today, there are many situations for which the possibility of applying competition law to intellectual property rights (IPRs) is recognized. However, there is considerable dispute when it comes to the originary acquisition of IPRs. Are IP registration procedures a topic for competition law, or should they be left to the correction mechanisms provided for in IP law itself? The strongest argument in favor of the parallel application of competition law is the fact that already the existence of IPRs has an impact on competition, and not only the later exercise of these rights. If the IPR has been granted due to misleading representations before the patent office, the economic effects are not compatible with the ideal of competition on the merits. Even in the absence of misleading information, the filing of blocking patents may, in exceptional circumstances, enter into conflict with competition law. If there is no perspective whatsoever to use or commercialize the patent in question, to support other innovations or to pursue further legitimate interests, and if the purpose of the patent is solely to block the development of other firms, the acquisition of that patent is abusive.

Country
Switzerland
Related Organizations
Keywords

1300 General Biochemistry, Genetics and Molecular Biology, 340 Law, 10891 Business Law, 1100 General Agricultural and Biological Sciences, 2700 General Medicine, 3300 General Social Sciences

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    2
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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