Document Type

Article

Publication Date

11-2012

Abstract

Since the turn of the century, 'patent trolls' have emerged as one of the most topical debates among patent holders. However, nearly ten years later, stakeholders are still unable to reach consensus as to the 'right' or 'wrong' of 'trolls'. Against this backdrop, our debates open with the landmark case of Blackberry between RIM and NTP to provide thoughts as to whether NTP is considered a troll. Then there is a focus on some conceptual issues surrounding 'patent trolls', and its origin citing relevant mini-cases. This column also lays out the fierce arguments for or against patent trolling among scholars and practitioners and reasoning for the trolling existence. The debates end with some reflections on the implication of patent trolling phenomenon on patent systems, particularly the US structure, subsequently, proposing some relevant solutions.

Comments

Originally published under Attribution-Noncommercial-No Derivative Works 2.5 India

Please use this identifier to cite or link to this item: http://nopr.niscair.res.in/handle/123456789/15026

Publisher

National Institute of Science Communication and Information Resources

City

New Delhi

Publication Information

Journal of Intellectual Property Rights

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