Rights granted for IP owners
License is a legal document giving official permission to do something-usage of some property. In the language of an agreement between the owner of a patent and another party that permits the other party to practice the invention or benefit from rights. In other words:
- License is obtained so as to prevent others using the invention.
- It may be exclusive, non-exclusive or limited.
- An exclusive license excludes all other persons including the patentee from the right to use the inventions.
- An expressed license is one in which permission to use the patents in the expressed terms. Implied license does not grant such permission.
It usually involves some compensation from the licensee to the licensor; does not include legal title (remains with licensor).
Types of license issued
These are of three in types of licence issued:
Voluntary license is the result of a negotiated arrangement between the patent holder and any other party interested in commercialization of the patent product. The patent holder gets a royalty payment and there is no state intervention. On the other hand, state intervention is needed the case of automatic and compulsory licensing, which can be used by the Government in special circumstances.
- A Monopoly right obtained as a consequence of patentee been granted to use his invention exclusively by him i.e., sell, manufacture, mortgage.
- The exclusive right in enjoyed by the patentee is called monopoly right.
Exclusive Market Rights
The minimum standards on eight IPR conferred so as to obtain a protection against anticompetitive practices in contractual license is called Exclusive Market Rights. For the grant of Exclusive Market Rights following conditions must be satisfied:
- A patent application must have been filed after 1.1.1995 in any WTO member countries.
- Patent and marketing approval must have been granted in that member country.
- An application must be filed in India.
- Marketing approval must be obtained in India.
EMRs are available for five years from the grant or till the patent is granted or rejected. In India Patent Amendment Act 1999 has provided a mailbox and EMR facility.
Transfer of Technology
The diffusion of Theoretical knowledge from one academic institution/ Research and Development center to another enterprise or country is called as technology of transfer. In other words it may also be defined as the transfer of intellectual property (patents, copyrights, trade secrets, know-how, et.) from the laboratory to the marketplace. It encompasses all the various life cycles of a product, from the initial thought through design to marketing and selling the product. Technology may be transferred by:
- Giving it away - through technical journals or conferences. Students and researchers must not publish their works without patenting it.
- By theft - Industrial espionage.
- By commercial transactions - patents for industrial processes. Sale of industrial properties.
- As well as through cross-national exchanges among components of multinational enterprises.
Technology transfer is the process by which technology originating at one institutional setting is adapted for use in another. The process of technology transfer is dependent on personal communication between individuals knowledgeable in new technology and who are willing to share this knowledge with others for the purpose of increasing the benefits to mankind.
Developing countries in particular, see technology transfer as part of the bargain in which they have agreed to protect intellectual property rights. The TRIPS Agreement includes a number of provisions on this. For example, it requires developed countries’ governments to provide incentives for their companies to transfer technology to least-developed countries