Patent Pledges
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Patent Pledges

Global Perspectives on Patent Law’s Private Ordering Frontier

Edited by Jorge L. Contreras and Meredith Jacob

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
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Chapter 10: Patent pledges and antitrust law in Brazil

Ricardo Sichel

Abstract

This paper examines aspects of patent pledges and their relationship to antitrust regulation in Brazil. Many patent pledges are in the fields of software and biopharma, due to their implications on public health policies. Another important consideration is the necessity for maintaining the stability of legal determinations in order to support necessary new investments in research and development. The new structure of Brazilian antitrust agencies, how they are divided, and their functions are also discussed.

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