Intellectual Property And Transactional Choice
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Intellectual Property And Transactional Choice
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Author : Jonathan Barnett
language : en
Publisher:
Release Date : 2022
Intellectual Property And Transactional Choice written by Jonathan Barnett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
It is common to characterize patents as monopolies. This assumption, which underlies the standard dichotomy between intellectual property and antitrust law, is challenged by evidence that large companies in technology markets (outside biopharmaceuticals) tend to advocate for weaker patent protection or, in some cases, no patent protection at all. This revealed preference for weaker patent protection reflects the fact that large integrated firms can often capture returns on innovation through economies of scale and scope and other non-patent-dependent capacities that few other firms can match. Relatedly, a weak-patent environment can confer a competitive advantage on integrated firms against smaller and more innovative firms that rely on patents to capture value on innovation through licensing and other contract-based monetization strategies.
Innovators Firms And Markets
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Author : Jonathan M. Barnett
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-17
Innovators Firms And Markets written by Jonathan M. Barnett and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-17 with Law categories.
"This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities"--
Research Handbook On Intellectual Property Licensing
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Author : Jacques de Werra
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Research Handbook On Intellectual Property Licensing written by Jacques de Werra 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 2013-01-01 with Law categories.
'Transactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important – they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is – particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse way – as academics (and some judges) can all too easily do. Far from it. This book is readable – and anyone concerned with intellectual property licensing should read it and will find it a pleasure to do so. They will also learn a lot about some of the pitfalls and bear-traps to be found around the world. At UCL we have recognised the importance of this subject. This book will be on our students' reading list.' – The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK 'IP licensing underpins the information economy. This impressive book brings together leading academic lawyers and practitioners from a range of key jurisdictions to explore a number of major current issues. The book is both thoughtful and practical and it is not afraid to call for greater harmonization of IP licensing law. It is a must have for all those involved in the field.' – Simon Stokes, Blake Lapthorn 'This Research Handbook provides a valuable mix of practical and theoretical perspectives on IP licensing and will serve as a reference resource for scholars and practitioners in this field of study.' – Francesco Parisi, University of Minnesota, US and University of Bologna, Italy 'The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing is a must have for anyone seeking to capture value from intangible assets.' – From the foreword by James E. Malackowski The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.
Handling Intellectual Property Issues In Business Transactions
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Author :
language : en
Publisher:
Release Date : 2007
Handling Intellectual Property Issues In Business Transactions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Consolidation and merger of corporations categories.
Intellectual Property Deskbook For The Business Lawyer
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Author : Sharon K. Sandeen
language : en
Publisher: American Bar Association
Release Date : 2007
Intellectual Property Deskbook For The Business Lawyer written by Sharon K. Sandeen 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 2007 with Business & Economics categories.
The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.
Intellectual Property Licensing And Transactions
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Author : Jorge L. Contreras
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Intellectual Property Licensing And Transactions written by Jorge L. Contreras 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 2022-06-30 with Law categories.
Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor's manual for this book is currently being developed. If you are interested in receiving updates about the availability of this resource, please contact the author directly. This book is also available as Open Access on Cambridge Core.
The Economic Valuation Of Patents
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Author : Federico Munari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-10-01
The Economic Valuation Of Patents written by Federico Munari 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 2011-10-01 with Law categories.
This book fills an important gap in the literature and will be very useful both to students of intellectual property and practitioners confronted by the problem of valuing their patent portfolios. An excellent overview of an evolving and challenging area, it provides the necessary background to thinking about the problem of valuation and describes all the major methods in use, including the real options approach. Bronywn H. Hall, University of California, Berkeley, US In depth knowledge and scientific approach are used to improve patent valuation techniques. . . a dream book for both researchers and practitioners interested in identifying the value of creative minds. Bruno van Pottelsberghe, Solvay Brussels School of Economics and Management, ULB, Belgium The Economic Valuation of Patents provides an original and essential analysis of patent valuation, presenting the main methodologies to value patents in different contexts. Starting with an analysis of the relevance of patent valuation from a strategic, economic and legal perspective, the book undertakes a thorough review of the existing financial and qualitative valuation methodologies. The contributing authors, IP experts from academia and business, discuss the application of valuation issues in various contexts such as patent portfolio management, licensing agreements, IP litigation, IP-backed finance and accounting. For each topic, an introductory theoretical background is provided and specific application contexts are then investigated. This multidisciplinary book bridges theory and practice in a unique and novel way that will be appreciated by graduate students, scholars and practitioners alike.
Economic Approaches To Intellectual Property Policy Litigation And Management
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Author : Gregory K. Leonard
language : en
Publisher:
Release Date : 2005
Economic Approaches To Intellectual Property Policy Litigation And Management written by Gregory K. Leonard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Intellectual Property In Business Transactions
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Author : Glen P. Belvis
language : en
Publisher:
Release Date : 2010
Intellectual Property In Business Transactions written by Glen P. Belvis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Commercial law categories.
This book is a start-to-finish guide that helps dealmakers, in-house counsel and information officers harness the full power of intellectual property rights while also protecting them.
Licensing Intellectual Property
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Author : Robert W. Gomulkiewicz
language : en
Publisher:
Release Date : 2008
Licensing Intellectual Property written by Robert W. Gomulkiewicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Licensing Intellectual Property: Law and Application is a streamlined and highly accessible casebook on the law of licensing and the application of licensing in practice. The authors painstakingly cover all aspects of licensing from the global: Why is licensing the predominant transaction model for ideas and information? Why and how do social policy decisions limit creative legal practice solutions? To the particular: What are the most common licensing provisions? What are the issues in various types of intellectual property licensing? This exciting new casebook is imminently teachable and can be used in courses of varying length. The book is user-friendly and accessible to students and instructors of varied backgrounds and levels of expertise. The authors carefully explain the legal and business context for licensing and provide students with a framework that enables them to understand why and how social policy shapes creative legal practice solutions (e.g., limits from fair use, first-sale, and antitrust on contract). The text clearly and concisely enumerates the basic substantive rules of licensing law and underlying policy concerns and explains why licensing is the predominant transaction model for ideas and information and why publishers, inventors, software developers, and others often use licensing as a transaction model. The book goes beyond familiar licensing transactions (e.g., an in-box license and an online "clickwrap" agreement) to explore more sophisticated licenses and what clients (licensor or licensee) are trying to accomplish and why. Alternative transaction models (e.g., first sale, public domain, assignment) are covered so that students can help future clients assess the alternatives and choose the best-fitting transaction model. There is extensive discussion of timely topics such as free and open source software, technology transfers from universities and research institutions and the government, and licensing in litigation. The students are introduced to license drafting through a series of problems and drafting exercises. The authors' website will offer additional drafting exercises and sample language. With its problem- and exercise-based approach, Licensing Intellectual Property: Law and Application is the ideal casebook for the instructor who takes a practice-oriented approach to teach licensing law. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/gomulkiewicz