Feasibility of Transferring Industrial Property Rights in the Platform of the Patent Pools

Abstract

Patent pools are created to leverage the innovations of other market competitors, reduce production costs, increase product quality, and benefit from collective management. However, the legal and contractual aspects of patent pools are controversial. In this regard, investigating patent pools' legal and contractual status is critical to determine whether existing laws solve common anti-competitive practices or if contract structures need modification. This article specifies that the patent pools of competition and intellectual property rights have similar innovation development goals, but each is a different tool. Patent pools are not inherently anti-competitive, but they are very prone to anti-competitiveness due to the presence and agreement of market competitors. In Iran, the law's silence in determining a framework for patent pool regulations considers concluding contracts based on Article 10 of the Civil Code as a practical solution.

Keywords

• intellectual property
• industrial property
• coalition agreement
• transfer of intellectual property rights.transfer of industrial property rights