Liability Rules In Patent Law
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Liability Rules In Patent Law
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Author : Daniel Krauspenhaar
language : en
Publisher: Springer
Release Date : 2014-10-06
Liability Rules In Patent Law written by Daniel Krauspenhaar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-06 with Law categories.
The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Ex Post Liability Rules In Modern Patent Law
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Author : Rosa Castro Bernieri
language : en
Publisher: European Studies in Law and Economics
Release Date : 2010
Ex Post Liability Rules In Modern Patent Law written by Rosa Castro Bernieri and has been published by European Studies in Law and Economics this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Aansprakelijkheid / gtt categories.
This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). The debate about strategic behavior triggered by the patent system, especially in the aftermath of the US Supreme Court decision in eBay v. MercExchange is discussed, along with policy perspectives on both sides of the Atlantic. The problem of calculating the level of compensation, which is one of the most important critiques against the use of liability rules in patent law, is also examined in depth. The book concludes by suggesting that a coherent patent system could opt for property rules in general cases, while leaving enough space for exceptions and limited liability rules. Curtailing exceptions and limitations to patent rights, including the use of patent liability rules, could otherwise risk stifling innovation and even contradicting the goals of patent law.
Mechanisms To Enable Follow On Innovation
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Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Patents And Industry Standards
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Author : Jae Hun Park
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Patents And Industry Standards written by Jae Hun Park 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 2010-01-01 with Law categories.
Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.
Ip Accidents
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Author : Patrick R. Goold
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17
Ip Accidents written by Patrick R. Goold 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 2022-03-17 with Law categories.
Introduces the concept of 'IP accidents' to establish a new way to look at intellectual property law and its enforcement.
China Intellectual Property Law Guide
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Author : Kluwer Law International
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
China Intellectual Property Law Guide written by Kluwer Law International and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide
Intellectual Property Liability Of Consumers Facilitators And Intermediaries
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-10-01
Intellectual Property Liability Of Consumers Facilitators And Intermediaries written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-01 with Law categories.
With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.
Competition Policy And Patent Law Under Uncertainty
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Author : Geoffrey A. Manne
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13
Competition Policy And Patent Law Under Uncertainty written by Geoffrey A. Manne 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 2011-06-13 with Business & Economics categories.
Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.
Intellectual Property
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Author : Stephen M. McJohn
language : en
Publisher: Aspen Publishers
Release Date : 2012
Intellectual Property written by Stephen M. McJohn and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Copyright categories.
Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete examples and explanations that help reinforce and give substance to the key rules and concepts in intellectual property law. Its flexible organization lets students move freely between topics that range from copyrights, to patents, trademarks and trade secrets. Keyed to all major IP survey courses and using compelling examples, Intellectual Property: Examples & Explanations is a straightforward guide that gives students a solid grounding in this dynamic area of law. The Fourth Edition has been substantially updated to include new case law, explanations and examples across a wide variety of intellectual property issues. Several new Supreme Court cases have been added to the section on patents; the copyright section now includes constitutional limits on the scope of copyright legislation and multiple cases on the boundaries of fair use and the extent of moral rights of artists; new material on limits on trademark protections, ISP liability and cybersquatting are included in the section on trademarks; and new issues defining trade secrets in the Internet Age round out the Fourth Edition. Hallmark features: * Complete coverage of core topics in intellectual property * Keyed to the major IP survey casebooks, with enough examples to reinforce any gaps in the text coverage. * Proven Examples & Explanations pedagogy helps reinforce key rules and concepts. * Focuses on the fundamentals, concentrating on basic rules and concepts and avoiding more sophisticated, specialized topics. * Flexible organization adapts to any course structure and allows students to work independently, brushing up on specific topics as needed. The Fourth Edition has been substantially updated with the following new material: * Copyright: * Constitutional limits on the scope of copyright legislation. * Extent of moral rights of artists. * Multiple cases on the boundaries of fair use; licensing issues; work made for hire in the startup company context; rights of buyers of copyrighted products and services, limits on digital rights management systems. * New Patent law: * Several Supreme Court cases, including patentability of business methods, software, and genes; ownership of university inventions; standards for invalidating patents; standard for secondary liability. * Other cases on liability for inaccurately marking a product as patented and scope of patent protection for biotech inventions. * Coverage of 2011 revision of patent statute by America Invents Act * Trademark: * Limits on trademark protection for functional items. * ISP liability for customers' trademark infringement.
Internet Service Provider Liability For Copyright And Trade Mark Infringement
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Author : Zoi Krokida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-16
Internet Service Provider Liability For Copyright And Trade Mark Infringement written by Zoi Krokida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-16 with Law categories.
This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.