Licences which Extend beyond Patent Term
Bibliographic record
Abstract
Abstract This chapter explores the legal treatment of patent licensing agreements that extend beyond the expiration of patent rights across multiple jurisdictions, including Australia, Canada, China, India, Japan, the United States, and the European Union. In Australia, licence agreements must not exceed the life of the patent unless tied to an extended term under Section 70 of the Patents Act 1990, while in Canada, post-term royalties may raise issues under the Competition Act as reviewable practices like abuse of dominant position. The chapter underscores the laws in China and India that strictly prohibit licences from continuing after patent expiration, with India allowing termination by notice if the patent lapses. It mentions Japan, wherein obligations or payments after rights extinction are considered unfair trade practices, and the United States, which prohibits post-expiry royalties under the Brulotte ruling. The European Union similarly prohibits licensing conditions that extend beyond patent life.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.002 | 0.008 |
| Scholarly communication | 0.006 | 0.006 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.017 | 0.005 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".