The Evolving Ip Marketplace
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The Evolving Ip Marketplace
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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.
Evolving Ip Marketplace
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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.
Intellectual Property And The Patent Marketplace
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Author : Irene Ratzloff
language : en
Publisher: Nova Science Publishers
Release Date : 2012-12
Intellectual Property And The Patent Marketplace written by Irene Ratzloff and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12 with Competition categories.
Innovation benefits consumers through the development of new products, processes and services that improve lives and address unmet needs. It is key to meeting society's greatest challenges in areas as diverse as energy production, communications and health care, and it is essential to sustained economic growth and global competitiveness. But innovation is a complex process. It involves a series of steps from idea to invention through development to commercialization, each of which can be expensive, risky, and unpredictable. The goal of the patent system is to promote innovation in the face of that expense and risk. This book begins by examining the role of technology markets and patent markets in innovation today. Chapter 1 discusses collaboration and technology transfer which have become increasingly important pathways to innovation with significant benefits for consumers. Chapter 2 describes the increasing activity and complexity of business models in markets for patents that do not involve technology transfer, and Chapters 3-8 make recommendations for adjustments to the legal rules and practices governing notice and remedies to better align them with competition policy without undermining patent law's support for innovation.
The Ftc Ip And Ssos
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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
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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
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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.
The Changing Face Of Us Patent Law And Its Impact On Business Strategy
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Author : D.R. Cahoy
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The Changing Face Of Us Patent Law And Its Impact On Business Strategy written by D.R. Cahoy 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.
'Daniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the LeahySmith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.' Peter K. Yu, Drake University Law School, US Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy. The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades. This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.
Annual Review Of Intellectual Property Law Developments 2009
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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
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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.
Intellectual Property In The Global Marketplace Country By Country Profiles
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Author : Melvin Simensky
language : en
Publisher: Wiley
Release Date : 1999-09-16
Intellectual Property In The Global Marketplace Country By Country Profiles written by Melvin Simensky and has been published by Wiley this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-16 with Law categories.
IP protection and exploitation in the world's markets Globalization is introducing additional complexity to the already-complicated topic of intellectual property. As IP becomes the "new global currency", Intellectual Property in the Global Marketplace: Volume 2 – Commercial Exploitation and Country-by-Country Profiles provides clear guidance for anyone involved in international business. From trademarks and domain names to valuation, legislation, piracy, and more, the discussion provides clear guidance toward aspects of IP that are critical to doing business. Focusing on trend development and the protection of intellectual property, this book offers insightful advice for extracting maximum value from your IP.