Fundations of exceptions to use of patent rights

Document Type : Original Article

Authors

1 farabi college of university of tehran

2 research institution of farhang o andshe eslami

Abstract

The patent system has been formed on the basis of certain principles, including motivating the inventor and respecting his work. Against it there are other bases, like competition, which is in conflict with the foregoing foundations and, of course, precedes it. Considering that the law of patents, industrial designs and trade marks of Iran, in accordance with other laws of intellectual property rights in the countries of the world, finds the solution to this conflict in recognizing the exceptions to the exploitation of patents and in Section C Article 15, Determining the Exceptions;This article seeks to clarify, using the documents of the Permanent Patent Committee of WIPO and other existing documents, certain foundations which are in conflict with the founding principles of the patent and which justify the acceptance of the exceptions. . Therefore, it seems that the bases for the exceptions of the exploitation of patents in the five general sections of the economic, legal, cultural and social, health and security principles, and also within the framework of jurisprudential foundations.

Keywords