טכניון מכון טכנולוגי לישראל
הטכניון מכון טכנולוגי לישראל - בית הספר ללימודי מוסמכים  
M.Sc Thesis
M.Sc StudentCohen Bar-Gil Hadas
SubjectHow Quality Management and Reliability Tools/Methodologies
Can Minimize the Causes that Damage the Monopoly
Rights of a Patentee
DepartmentDepartment of Quality Assurance and Reliability
Supervisor Dr. Shmuel Liran
Full Thesis text - in Hebrew Full thesis text - Hebrew Version


Abstract

The laws concerning intellectual property (patents, samples, copyrights, etc.)  were designed to encourage creation, research and the enrichment of society, while maintaining the balance between the granting of exclusive rights to creators and inventors and various legal, social and economic interests.


Over the years, the number of requests for patents has increased and the period for which they are valid has been lengthened, and in some cases, such as pharmaceuticals, exceeds even twenty years. This has increased the prospects of conflicts/friction being created that may affect the exclusive rights of patent holders over their patented invention.


Patent laws in the state of Israel and in other countries (based on international treaties) allow the patent registrar, under certain conditions, to infringe on the exclusive right of the patent holder regarding the patented invention. The exclusive rights of the patent holder may be limited by the granting of compulsory licensing to a third party to exploit the invention, and in extreme cases, even by abolishing altogether the rights of the patent holder over his or her invention. 


Such a situation is undesirable for all concerned parties: the patent registrar, the patent holder, and the receiver of the compulsory licensing. Thus, the need to reduce the areas of friction between patent holders and those asking for easement of patents is increasing.

The management of a quality system serves as a tool for introducing organizational order, process control and ongoing improvement of all the organization's activities and interfaces. In the field of intellectual property, international guidelines were published that serve as a basis for regulation in developed countries, including Israel. However, the existence of laws and regulations does not define the organizational structure and the managerial strategy of the system that will ensure the client's maximal protection. Based on the understanding of the quality systems and the methodologies developed in many organizations in the world, the present thesis is devoted to the application of tools and methodologies of the field of quality assurance in the field of intellectual property.

 Also, the TRIP agreements, which were signed within the WTO (World Trade Organization) deal with the issues pertaining to intellectual property and are highly significant to the global patent system.