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 16: Patent pledges and developing countries: the tryst with India’s destiny

Tania Sebastian

Abstract

This chapter examines the role of patent pledges in a developing country so as to draw from the lessons of the developed world, including policy measures and industry constraints. Nearly 60 years after Prime Minister Jawaharlal Nehru’s famous “Tryst with Destiny” speech, compulsory licenses in healthcare have benefitted thousands of patients and addressed concerns over affordability of medicines. These promising trends, however, do not reduce the need for patent pledges in India. Concerns of uncertainty, uneven benefit, and the larger intellectual property rights enforcement system, as well as the role of smaller enterprises and organizations, are addressed in this chapter.

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