Re: Daimler may be banned from selling cars in Germany over legal battle with Nokia and Sharp Quote:
Originally Posted by avira_tk They can't ask for anything, and the patent is worth what the end user pays. Nokia is a patent troll at this point. I can't remember the last time I considered a Nokia smartphone, if they made them (before the Chinese revival) Why should Daimler stop selling cars because of a disputed patent?
I don't have to be acquainted with the process to have an opinion about it. Patents have a long history of abuse, luckily India didn't recognise medical patents that helped make medicines affordable, that's where I'm coming from. |
A patent, like any other property, can be sold at whatever price the owner wants. It's up to the buyer if he wants it or not. Protection to intellectual property is what incentivizes inventions and innovation. Without it there would be no reason for one to put in time and effort and employ other resources to come up with a new technology. The life of a patent ends in 20 years from date of first disclosure. This is to ensure that after the 20 years(20 years is considered to be a generation), the next generation of technology has access to these patented technology to innovate and move further.
Section 3(i) of the Patents Act, 1970, does bar medicines and surgical procedures etc from being patented but there are other ways to patent it. The monopoly is granted to the inventors by the public in exchange for the disclosure of the invention made by them. The disclosure is necessary for the next generation of technology to come about.
Daimler don't have to stop selling cars, but they will have to stop using Nokia's patented technology and also pay Nokia for whatever they have used until now. Nothing is really unfair about this. This is the accepted practice globally.
You wouldn't say the same thing if Daimler profited off the usufructs of Nokia's land without paying Nokia their due.
Last edited by adwaith : 21st September 2020 at 10:04.
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