Evolving Ip Marketplace
DOWNLOAD
Download Evolving Ip Marketplace PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Evolving Ip Marketplace book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Evolving Ip Marketplace
DOWNLOAD
Author : Suzanne Michael
language : en
Publisher: DIANE Publishing
Release Date : 2011-05
Evolving Ip Marketplace written by Suzanne Michael and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05 with Law categories.
This report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. The report provides valuable insights on how courts can reform the patent system to best serve consumers. It recognizes that patents play a critical role in encouraging innovation, but it also observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions. This is a print on demand report.
The Evolving Ip Marketplace
DOWNLOAD
Author : United States. Federal Trade Commission
language : en
Publisher:
Release Date : 2011
The Evolving Ip Marketplace written by United States. Federal Trade Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Competition categories.
The Ftc Ip And Ssos
DOWNLOAD
Author : Richard A. Epstein
language : en
Publisher:
Release Date : 2013
The Ftc Ip And Ssos written by Richard A. Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream users that the rate of infringement would unduly increase, as potential infringers find it in their interest to abandon the voluntary market in favor of a more attractive system of judicial pricing. As the number of nonmarket transactions increases, the courts will play an ever larger role in deciding the terms on which the patents of one party may be used by another party. The adverse effects of this new trend will do more than reduce the incentives for innovation; it will upset the current set of well-functioning private coordination activities in the IP marketplace that are needed to accomplish the commercialization of new technologies. Such a trend would seriously undermine capital formation, job growth, competition, and the consumer welfare the FTC seeks to promote. In this paper, we examine how these consequences play out in the context of standard-setting organizations (SSOs), whose activities are key to bringing standardized technologies to market. If the FTC's proposed definitions of “reasonable royalties” and “incremental damages” become the rules for calculating damages in patent infringement cases, the stage will be set to allow the FTC and private actors to attack, after the fact, all standard pricing methods through some combination of antitrust litigation or direct regulation on the ground that such time-honored royalty arrangements involve the use of monopoly power by patent licensors. In consequence, the FTC's Proposal, if adopted, could well encourage potential licensees to adopt the very holdout strategies the FTC purports to address and that well-organized SSOs routinely counteract today. Simply put, the FTC's proposal for regulating IP by limiting the freedom of SSOs to set their own terms would replace private coordination with government hold-up. The FTC should instead abandon its preliminary recommendations and support the current set of licensing tools that have fueled effective innovation and dissemination in the IP marketplace. FTC forbearance from its unwise Proposal will improve bargaining incentives, reduce administrative costs, and remove unnecessary elements of legal uncertainty in the IP system, thereby allowing effective marketplace transactions to advance consumer welfare.
Notice And Patent Remedies
DOWNLOAD
Author : Herbert Hovenkamp
language : en
Publisher:
Release Date : 2014
Notice And Patent Remedies written by Herbert Hovenkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh penalties for infringement would be a good idea. But in a world where too many patents are granted, their boundaries are often ambiguous and scope excessive, things are not so simple. The expected likelihood and magnitude of the penalty determines the number of infringement suits and the litigation resources that will be poured into them. As a result, patent remedies are an important policy lever for determining the correct amount of innovation, which is the underlying goal of the patent system. The Federal Trade Commission's new Report entitled "The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition," issued in March, 2011, highlights the importance of fixing the patent notice system. Patents are property rights. An effective property rights regime requires a timely, reliable, cost-effective system for providing notice, as well as the right incentives for responding to notice once it is given. Notice serves essentially the same purpose in the patent system as in our system of land ownership. It is socially wasteful for developers to build, only to find out later that the land belongs to someone else, who is now in a position to extract a very large penalty. Prior to building the developer may have had a competitive choice of parcels, but once construction is completed this market has gone from competitive to bilateral monopoly. For the same reasons it is socially wasteful for entrepreneurs to develop new processes or products, only to find out later that they have fallen within the claims of someone else's patent. While the problem of patent overbreadth and ambiguity are not easily repaired, the law could do much to improve the notice situation, in particular by increasing private burdens to provide adequate and timely notice to reasonably anticipated infringers, just as the real property system does. In the law of real property parties are required to supplement deficiencies in the public notice system by providing more direct types of notice reasonable for the situation. For both infringement injunctions and patent damages the problems of implementing such a requirement are far more manageable than repairing other elements of the patent system. Further, most of the changes could be placed into effect by the courts without new legislation.
Scenarios For The Future
DOWNLOAD
Author : Shirin Elahi
language : en
Publisher:
Release Date : 2007
Scenarios For The Future written by Shirin Elahi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Forecasting categories.
This compendium is the culmination of an in-depth three year research project which considered how the European Patent Organisation (EPO) might rediscover and renew the basic principles underpinning it abd its inherent purpose. Over 100 formal interviews were conducted with leading experts, and from these the EPO dervied a set of scenarios for the possible future of patenting and intellectual property. These scenarios will be used by the EPO to address possible future challanges and opportunities.
Annual Review Of Intellectual Property Law Developments 2009
DOWNLOAD
Author : American Bar Association. Section of Intellectual Property Law
language : en
Publisher: American Bar Association
Release Date : 2011-07-16
Annual Review Of Intellectual Property Law Developments 2009 written by American Bar Association. Section of Intellectual Property Law and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-16 with Intellectual property categories.
This book provides a thoughtful and balanced treatment of key legal developments in the courts, agencies, and legislatures in every area of IP law. The 2009 edition reports on nearly 200 top IP legal developments, including: In re Volkswagen of America, Inc.; In re TS Tech USA Corp.;Tafas v. Doll;Broadcom v. Qualcomm;In re Bose Corp.;Elsevier v. Muchnick; and Salinger v. Colting
The Patent And License Exchange
DOWNLOAD
Author : Edward T. Smith
language : en
Publisher:
Release Date : 2000
The Patent And License Exchange written by Edward T. Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Patent licenses categories.
The Patent And License Exchange
DOWNLOAD
Author : Edward T. Smith
language : en
Publisher:
Release Date : 2000
The Patent And License Exchange written by Edward T. Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Patent licenses categories.
5g And Beyond
DOWNLOAD
Author : Sean O'Connor
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-31
5g And Beyond written by Sean O'Connor 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 2023-12-31 with Law categories.
Leading voices in law, economics, and competition policy come together to inform innovation policy in wireless ecosystems.
Ip And Antitrust An Analysis Of Antitrust Principles Applied To Intellectual Property Law 3rd Edition
DOWNLOAD
Author : Hovenkamp, Janis, Lemley, Leslie, Carrier
language : en
Publisher: Wolters Kluwer
Release Date : 2016-01-01
Ip And Antitrust An Analysis Of Antitrust Principles Applied To Intellectual Property Law 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-01 with categories.