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12 Indian J. L. & Tech. 1 (2016)

handle is hein.journals/indiajoula12 and id is 1 raw text is: PICKET PATENTS: NON-WORKING AS AN IP ABUSE Dr. Feroz Alit ABSTRACT: Patents picket when the patent holder practices the patent in certain jurisdictions but refuses to work the patent in others. The concept of patent picketing developed as a result of a shift from the representation of the working of an invention physically to the merely describing, effectively, the inventions in patent applications. Patent holders picket with their patents and demand a higher price, thereby not only preventing others from using their invention but also ensuring that the product is not made available in all markets. Such behaviour can be regarded as an intellectual property (IP) abuse when the non-working of a patent leads to deprivation of another patent locally. The issuance of a market-initiated compulsory licence may solve the problems linked with IP abuse arising out of patent picketing. I. INTRODUCTION The history of patent law notes the metamorphosis of the discipline that supported, though the ages, the nation's quest for self-development. In the early times, the chief aim of the patent system was to encourage industrial- ization. Patents were granted by nations to develop their natural resources and increase their technical and manufacturing capabilities.' In the medi- eval era, English patent law, the predecessor to the United States', granted privileges with the sole objective of instructing the English in a new indus- try.2 Immigrant weavers, clockmakers, miners, and manufacturers of silk and salt were encouraged to move to England and benefit from the Crown's power to grant privileges for public goods. However, early grant of privi- leges, in the form of monopoly licences, came with some restrictions. For MHRD IPR Chair Professor at the Indian Institute of Technology Madras, and Advocate, Madras High Court. Edith TILTON PENROSE, THE ECONOMICS OF THE INTERNATIONAL PATENT SYSTEM 137 (1951). 2 E. Wyndham Hulme, History of the Patent System Under the Prerogative and at Common Law, 12 L. Q. REV. 141, 142 (1896).

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