Hamid Azizi Morad Pour
Ph.D. in International Law, Allameh Tabatabaie University, Tehran, Iran
Abstract: (6482 Views)
Although the developing countries have recognized the principle of patent protection and bound the related norms but they followed the public policy approach and accepted these norms in the light of public interest and developmental needs. So they always contemplate the flexibilities of patent rights but the question is that what mechanisms and policies they should apply whilst being bound over to international instrument has been accessed to the mentioned aims. For the sake of this paper, the means of exception is the exceptions and limitations provided in the articles 15 and 17 of the registration of patent, trade mark and industrial design Act. In this article, after discussing the concepts of the mechanism and tools provided in the mentioned articles, an attempt is also made to illustrate the efficiency of the mentionsed tools. However, the pre-register exception, as has been provided in the article 4, is another topic, which should be considered separately. In the meanwile, just some general norms and standards in the evaluation of the legitimacy of the following limitation with special reference to experimental use and personal use of patent will be illustrated and some other mechanisms in this area such as exhaustion of rights and compulsory licenses require another contemplation.
Received: 2012/05/6 | Accepted: 2012/06/16 | Published: 2012/06/20