Abstract
Patent Pledges in the Context of Polish Legal Institutions, with Special Empha-
sis on Licences of Right is a legal monograph that explores the fascinating world
of patent pledges, a novel mechanism challenging traditional notions of patent
exclusivity. As the first comprehensive analysis of patent pledges in Polish intel-
lectual property law and the first monographic treatment of this topic in con-
tinental law globally, this work offers unique insights into an emerging trend in
patent utilisation.
The book systematically explores the evolving landscape of patent pledges,
instruments by which patent holders voluntarily commit to limiting the enfor-
cement or other exploitation of their patents. These pledges represent a signi-
ficant departure from the conventional view of patents as tools for maintaining
market exclusivity, instead promoting broader access to patented innovations.
This work introduces the first civil-law definition of patent pledges, contri-
buting to the global academic discourse on this topic. It provides a critical ana-
lysis of existing doctrine and case law related to patent pledges, examining their
legal status within the Polish legal system and potential avenues for enforcement.
The author also analyses them in comparison with the mechanism of licence of
right, offering insights into how established legal frameworks might accommo-
date or parallel these new private initiatives.
Set against the backdrop of the COVID-19 pandemic, which highlighted the
critical importance of rapid innovation sharing, this book offers timely and rele-
vant analysis for legal scholars, practitioners and policymakers grappling with the
evolution of patent law in the 21st century. It bridges the gap between private
ordering initiatives and formal legal structures, providing a roadmap for integra-
ting these emerging practices into continental legal systems.
The book concludes with concrete proposals for legal reforms that could
enable licences of right to serve technology dissemination as effectively as patent
pledges. This forward-looking approach makes the book an essential resource for
anyone interested in the future of patent law and innovation policy.
sis on Licences of Right is a legal monograph that explores the fascinating world
of patent pledges, a novel mechanism challenging traditional notions of patent
exclusivity. As the first comprehensive analysis of patent pledges in Polish intel-
lectual property law and the first monographic treatment of this topic in con-
tinental law globally, this work offers unique insights into an emerging trend in
patent utilisation.
The book systematically explores the evolving landscape of patent pledges,
instruments by which patent holders voluntarily commit to limiting the enfor-
cement or other exploitation of their patents. These pledges represent a signi-
ficant departure from the conventional view of patents as tools for maintaining
market exclusivity, instead promoting broader access to patented innovations.
This work introduces the first civil-law definition of patent pledges, contri-
buting to the global academic discourse on this topic. It provides a critical ana-
lysis of existing doctrine and case law related to patent pledges, examining their
legal status within the Polish legal system and potential avenues for enforcement.
The author also analyses them in comparison with the mechanism of licence of
right, offering insights into how established legal frameworks might accommo-
date or parallel these new private initiatives.
Set against the backdrop of the COVID-19 pandemic, which highlighted the
critical importance of rapid innovation sharing, this book offers timely and rele-
vant analysis for legal scholars, practitioners and policymakers grappling with the
evolution of patent law in the 21st century. It bridges the gap between private
ordering initiatives and formal legal structures, providing a roadmap for integra-
ting these emerging practices into continental legal systems.
The book concludes with concrete proposals for legal reforms that could
enable licences of right to serve technology dissemination as effectively as patent
pledges. This forward-looking approach makes the book an essential resource for
anyone interested in the future of patent law and innovation policy.
| Translated title of the contribution | Patent Pledges in the Context of Polish Legal Institutions, with Special Emphasis on Licences of Right |
|---|---|
| Original language | Polish |
| Place of Publication | Warsaw |
|---|---|
| Publisher | Publishing House of ILS PAS |
| Number of pages | 264 |
| ISBN (Print) | 9788366300965 |
| ISBN (Electronic) | 9788366300972 |
| DOIs | |
| Publication status | Published - 2024 |
Keywords
- Faculty of Law
- Intellectual Property Law
- Patent pledge
- License of right