Mehdi Zahedi; Mohammad Hossein Erfan Manesh; Mahmoud Abasi
Abstract
Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no ...
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Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no need for patentees to validate their patents for which unitary effect has been requested in the territory of participating EU Member States. This agreement also includes the creation of Unified Patent Court with exclusive jurisdiction over unitary patents and European patents throughout member States. Due to the importance of this agreement, the identification and clarification of its legal and economic impacts on the policies of the industries and companies in regard to research, innovations and commercialization of patented inventions is deemed to be imperative. This Article tries to study the details of this agreement and analyses legal consequences of the establishment of the new patent system in Europe.
Mehdi Zahedi; Mohammad Hossein Erfn Manesh; Seyd Mohammad Tabatabae'i Nejad
Abstract
Industrial development and application of wide range of modern technologies are one of the influential factors in the increase of investment, economic growth and promotion of social welfare. However, according to conducted research and existing empirical evidence, those factors have brought about negative ...
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Industrial development and application of wide range of modern technologies are one of the influential factors in the increase of investment, economic growth and promotion of social welfare. However, according to conducted research and existing empirical evidence, those factors have brought about negative environmental impacts such as climate change and global warming. Here, patent system as a main legal framework to encourage and protect innovations, inventions and industrial progress has an undeniable role in the extent of such negative environmental impacts. Biological pollution is mainly the result of industrial activities and application of technologies that were or are protected under patent laws. Since the Convention on Biological Diversity emphasizes on the necessity of the preservation of environment and sustainable development, this Article tries to identify and clarify the legal gaps in patent laws by studying the patent protection theories and rationales, and further through the analysis of such laws and international cases put forward a number of solutions to the environmental challenges by offering some suggestions regarding the amendment of patent system.