A New Economics Of Trademarks
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A New Economics Of Trademarks
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Author : David W. Barnes
language : en
Publisher:
Release Date : 2007
A New Economics Of Trademarks written by David W. Barnes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to supply an optimal amount of information about products and their sources. Conventional theory recognizes the difficulty in excluding competitors from using a supplier's trademark unless there is a legal regime to protect marks. Conventional theory fails to consider the non-rivalrous character of referential and customary trademark use by consumers, competitors, non-competitors, and commentators.The public use perspective on trademarks enriches our understanding of the structure of trademark law, the extent to which trademark law addresses the market failures associated with trademarks' public goods character, and the current debate concerning the propertization of trademarks.
An Economic Perspective On Trade Mark Law
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Author : Andrew Griffiths
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-07-29
An Economic Perspective On Trade Mark Law written by Andrew Griffiths and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-29 with Law categories.
This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark la
The Economic Structure Of Intellectual Property Law
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Author : William M. LANDES
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
The Economic Structure Of Intellectual Property Law written by William M. LANDES and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Trademarks Brands And Competitiveness
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Author : Teresa da Silva Lopes
language : en
Publisher: Routledge
Release Date : 2010-05-04
Trademarks Brands And Competitiveness written by Teresa da Silva Lopes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-04 with Business & Economics categories.
Trade Marks, Brands and Competitiveness brings together scholars from a variety of disciplines to provide a critical account of the contribution of branding to economic growth, the relationship between trademark law and brand strategy, and the building and repositioning of individual brands as case studies in the effects of competition.
The Economics Of Trademarks
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Author : Nicholas Economides
language : en
Publisher:
Release Date : 1986
The Economics Of Trademarks written by Nicholas Economides and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Trademark licenses categories.
Trade Marks And Brands
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Author : Lionel Bently
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-03
Trade Marks And Brands written by Lionel Bently and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-03 with Law categories.
Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.
Innovation Intellectual Property And Economic Growth
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Author : Christine Greenhalgh
language : en
Publisher: Princeton University Press
Release Date : 2010-01-24
Innovation Intellectual Property And Economic Growth written by Christine Greenhalgh and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-24 with Business & Economics categories.
Christine Greenhalgh explains the complex process of innovation & how it sustains the growth of firms, industries & economies, combining microeconomic & macroeconomic analysis.
An Algorithmic Links With Probabilities Concordance For Trademarks For Disaggregated Analysis Of Trademark And Economic Data
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2014
An Algorithmic Links With Probabilities Concordance For Trademarks For Disaggregated Analysis Of Trademark And Economic Data written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The authors propose an ‘Algorithmic Links with Probabilities’ (ALP) approach to match Trademarks (TMs) data to economic data and enable these data to speak to each other. Specifically, they construct a NICE Class Level concordance that maps TM data into trade and industry categories forward and backward. This concordance allows researchers to analyze differences in TM usage across both economic and TM sectors. In this paper, the authors apply this ALP concordance for TMs to characterize patterns in TM applications across countries, industries, income levels and more. They also use the concordance to investigate some of the key determinants of international technology transfer by comparing bilateral TM applications and bilateral patent applications.
Intellectual Property And The New International Economic Order
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Author : Sam F. Halabi
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Intellectual Property And The New International Economic Order written by Sam F. Halabi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Business & Economics categories.
Developing countries have quietly constructed a network of international agreements that redistribute wealth from the rich to the poor.
Trademark Protection And Territoriality Challenges In A Global Economy
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Author : Irene Calboli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-01-31
Trademark Protection And Territoriality Challenges In A Global Economy written by Irene Calboli and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-31 with Law categories.
The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again