Patent Scope Antitrust Policy And Cumulative Innovation
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Patent Scope Antitrust Policy And Cumulative Innovation
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Author : Howard F. Chang
language : en
Publisher:
Release Date : 2014
Patent Scope Antitrust Policy And Cumulative Innovation written by Howard F. Chang 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.
This paper presents a model of cumulative innovation to investigate what factors should influence a court's decision when a patentee alleges that another inventor has infringed the patent with an improved version of the patented product. The model reveals how the optimal patent policy would extend broad protection to those inventions that have very little value (standing alone) relative to the improvements that others may subsequently invent. This paper also examines whether courts should allow a patentee and competing inventors with improved versions of the patented product to enter collusive agreements. The model indicates that such a policy could create incentives for inefficient entry by imitators who quot;invent aroundquot; the original patent.
Patent Scope Antitrust Policy And Cumulative Innovation
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Author : Howard Fenghau Chang
language : en
Publisher:
Release Date : 1991
Patent Scope Antitrust Policy And Cumulative Innovation written by Howard Fenghau Chang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Patent laws and legislation categories.
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us
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Author : Thorsten Käseberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-06-08
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us written by Thorsten Käseberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-08 with Law categories.
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
The Patent Crisis And How The Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher: University of Chicago Press
Release Date : 2009-08-01
The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-01 with Political Science categories.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
Innovation And Incentives
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Author : Suzanne Scotchmer
language : en
Publisher: MIT Press
Release Date : 2004
Innovation And Incentives written by Suzanne Scotchmer and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
The economics of intellectual property and R&D incentives explained in a balanced, accessible mixture of institutional details and theory.
Antitrust Law Journal
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Author :
language : en
Publisher:
Release Date : 1986
Antitrust Law Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Energy policy categories.
Anticipating The 21st Century A Report Competition Policy In The New High Tech Global Marketplace
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Author : United States. Federal Trade Commission
language : en
Publisher:
Release Date : 1996
Anticipating The 21st Century A Report Competition Policy In The New High Tech Global 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 1996 with Competition, International categories.
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us
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Author : Thorsten Käseberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-06-08
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us written by Thorsten Käseberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-08 with Law categories.
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Intellectual Property And Antitrust Handbook
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Author :
language : en
Publisher: American Bar Association
Release Date : 2007
Intellectual Property And Antitrust Handbook written by 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 Law categories.
The Patent Crisis And How The Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-10-19
The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-19 with Business & Economics categories.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...