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BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER

BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER

Ayush Tiwari, 5th Year B.A.LL. B (H) Student at Hidayatullah National Law University, Chhattisgarh

This research paper delves into the intricate relationship between patent protection and technology transfer, emphasizing their significance in fostering innovation and economic development. It begins by elucidating the foundational principles of patent law, highlighting the exclusive rights granted to inventors and the multifaceted advantages these confer—ranging from market differentiation to long-term strategic value. The paper then critically examines the challenges posed by patent trolls, legal complexities, and the resulting inhibition of innovation. The discussion extends to various modes of technology transfer, including licensing, joint ventures, and strategic partnerships, underscoring their role in global knowledge dissemination and capacity-building. An analytical overview of international frameworks, particularly the TRIPS Agreement, demonstrates how harmonized patent standards and provisions for public health and dispute resolution aim to balance innovation incentives with equitable access. The paper further explores comparative national regimes in the European Union, the United States, and India, supported by landmark judicial precedents that shape patent jurisprudence and policy implementation. Through illustrative case studies—such as the Bayh-Dole Act, Apple v. Samsung, and the IAVI initiative—it evaluates both the successes and limitations of patent-driven technology transfer. Concluding with an exploration of emerging trends in biotechnology, blockchain, and open innovation, the paper calls for a recalibration of intellectual property systems to accommodate ethical, collaborative, and transparent practices. Ultimately, it advocates for a balanced approach that safeguards inventors’ rights while ensuring that innovation serves broader societal goals in an increasingly interconnected world.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 2, Page 977–999.
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