romanian english

Daniela-Ramona STÎNGACIU: Non-assertion pledges or proteiform legal figures

Abstract: Nowadays, the patent system landscape is a complex one, as jurists create new legal instruments in order to deal with the practical problems that arise out of the exploitation of patents. One of these legal instruments is the patent pledge. Throughout his article we will examine the legal implications of assuming a patent pledge by the patent owner. In our analysis we will focus on one specific type of pledge, the non-assertion pledgeand we will try to discover if it is legally binding. In order to emphasize the differences between the legal systems, we will take into account the solutions elaborated by authors from the United States of America. Finally, we will offer an insight into how these legal instruments can be examined from the perspective of the Romanian legislation.

Key-words: pledge; legal effect; offer; unilateral promise.


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