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Stick Licensing
Stick licensing is the practice of licensing a patent or other form of intellectual property where the patent holder threatens to sue the licensee for patent infringement if the licensee does not take a license. In contrast to the stick licensing, the "carrot licensing" is a "friendly approach in luring the target to adopting one's invention and taking a license". Matthew Y Ma, "Fundamentals of patenting and licensing for scientists and engineers", World Scientific, 2009, , , p 188. References See also *Carrot and stick *Patent troll In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or ... {{law-stub Intellectual property law Licenses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carrot And Stick
The phrase "carrot and stick" is a metaphor for the use of a combination of reward and punishment to induce a desired behaviour. In politics, "carrot or stick" sometimes refers to the realist concept of soft and hard power. The carrot in this context could be the promise of economic or diplomatic aid between nations, while the stick might be the threat of military action. Origin The earliest English-language references to the "carrot and stick" come from authors in the mid-19th century who in turn wrote in reference to a caricature or cartoon of the time that depicted a race between donkey riders, with the losing jockey using the strategy of beating his steed with "blackthorn twigs" to urge it forward, while the winner of the race sits in his saddle relaxing and holding the butt end of his baited stick. In fact, in some oral traditions, turnips were used instead of carrots as the donkey's temptation. Decades later, the idea appeared in a letter from Winston Churchill, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property Law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
