An Economic Analysis of Seller and User Liability in Intellectual Property Law

An Economic Analysis of Seller and User Liability in Intellectual Property Law PDF Author: Roger D. Blair
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Suppose that the manufacturer of a component that infringes another's patent sells that component to the manufacturer of a final product; the manufacturer of the final product incorporates the infringing component into the final product and then sells the final product to a wholesaler; the wholesaler sells to a retailer, who sells to a consumer, who takes the product home and uses it. Every party within the chain of distribution is liable for patent infringement, including the consumer, because patent law makes it unlawful not only to manufacture an infringing device, but also to sell or use the device. Trade secret, copyright, and trademark law, on the other hand, impose liability only for certain sales and uses and not others. In this paper, we try to discern whether the patent rule is economically efficient, and if so whether there is any economic logic to the differences between the patent rule and the rules found in trade secret, copyright, and trademark law. We conclude that the efficiency of the patent rule is indeterminate, but that even if the patent rule is efficient there are good reasons for following a different rule in trade secret and copyright law. The trademark rule, by contrast, is somewhat difficult to square with the patent rule. We also speculate on some ways in which the internet may be pushing copyright and trademark law in the direction of the patent rule in certain respects.

An Economic Analysis of Seller and User Liability in Intellectual Property Law

An Economic Analysis of Seller and User Liability in Intellectual Property Law PDF Author: Roger D. Blair
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Suppose that the manufacturer of a component that infringes another's patent sells that component to the manufacturer of a final product; the manufacturer of the final product incorporates the infringing component into the final product and then sells the final product to a wholesaler; the wholesaler sells to a retailer, who sells to a consumer, who takes the product home and uses it. Every party within the chain of distribution is liable for patent infringement, including the consumer, because patent law makes it unlawful not only to manufacture an infringing device, but also to sell or use the device. Trade secret, copyright, and trademark law, on the other hand, impose liability only for certain sales and uses and not others. In this paper, we try to discern whether the patent rule is economically efficient, and if so whether there is any economic logic to the differences between the patent rule and the rules found in trade secret, copyright, and trademark law. We conclude that the efficiency of the patent rule is indeterminate, but that even if the patent rule is efficient there are good reasons for following a different rule in trade secret and copyright law. The trademark rule, by contrast, is somewhat difficult to square with the patent rule. We also speculate on some ways in which the internet may be pushing copyright and trademark law in the direction of the patent rule in certain respects.

Research Handbook on the Economics of Intellectual Property Law

Research Handbook on the Economics of Intellectual Property Law PDF Author: Ben Depoorter
Publisher: Edward Elgar Publishing
ISBN: 1789903998
Category : Law
Languages : en
Pages : 1504

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Book Description
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.

The Law and Economics of Intellectual Property in the Digital Age

The Law and Economics of Intellectual Property in the Digital Age PDF Author: Niva Elkin-Koren
Publisher: Routledge
ISBN: 1136249508
Category : Law
Languages : en
Pages : 212

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Book Description
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

The Economic Structure of Intellectual Property Law

The Economic Structure of Intellectual Property Law PDF Author: William M. LANDES
Publisher: Harvard University Press
ISBN: 0674039912
Category : Law
Languages : en
Pages : 449

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Book Description
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

Economic Damages in Intellectual Property

Economic Damages in Intellectual Property PDF Author: Daniel Slottje
Publisher: John Wiley & Sons
ISBN: 0470056258
Category : Law
Languages : en
Pages : 338

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Book Description
Insider Information at Your Fingertips Determining the worth of intellectual property (IP) is a complicated task. An IP litigator needs to conclude the monetary damage occurring as a result of harm done to an inventor's or a company's reputation as well as the economic damage caused by compromise of an idea or invention due to its unauthorized usage. Edited by litigation expert Daniel Slottje, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation sheds light on how to quantify damages in IP litigation matters with revealing contributions from IP professionals, attorneys, economics professors, certified public accountants and other damages professionals. This essential resource is thoroughly researched with timely insight on quantification of damages; evaluation of damage claims in trade secrets; patent, copyright, and trademark cases; economic damages; and much more. With IP litigation becoming more and more prevalent today, the demand increases for IP professionals and attorneys to understand how economists, accountants, and financial analysts quantify damages in IP matters. Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process and provides you with an "at-your-fingertips" resource brimming with current, relevant information in the field of intellectual property litigation.

The economic analysis of patent litigation data

The economic analysis of patent litigation data PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 44

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Book Description
Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.

Intellectual Property and Antitrust

Intellectual Property and Antitrust PDF Author: Mariateresa Maggiolino
Publisher: Edward Elgar Publishing
ISBN: 1849809631
Category : Law
Languages : en
Pages : 289

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Book Description
This book brings to bear Professor Maggiolino?s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino?s book covers a large range of IP practices by dominant firms where competition law can be invoked, including "sham" litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as "must" reading.

Marquette Intellectual Property Law Review

Marquette Intellectual Property Law Review PDF Author:
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 1058

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Book Description


Economic Analysis of Law

Economic Analysis of Law PDF Author: Richard A. Posner
Publisher: Aspen Publishing
ISBN: 1454845538
Category : Law
Languages : en
Pages : 1717

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Book Description
Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Innovation and Incarceration

Innovation and Incarceration PDF Author: Christopher Buccafusco
Publisher:
ISBN:
Category : Copyright infringement
Languages : en
Pages : 55

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Book Description
The scope and enforcement of intellectual property (IP) laws are becoming salient, for the first time, to a wide cohort of U.S. and international communities. National and international legislation, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act (PIPA), and the Anti-Counterfeiting Trade Agreement (ACTA), have generated protests online and in the streets by people who are concerned about the expansion of IP rights. Common to each of these proposals was an expansion in the use of criminal sanctions to deter IP violations. Many copyright owners and the associations that represent them support criminal enforcement of IP, including the use of imprisonment, to combat the threat of increased IP piracy on the internet and throughout a globalized economy. Others, including a heterogeneous coalition of scholars, activists, and internet based companies like Google and Wikipedia, fear that using criminal sanctions to protect IP will expand already overgrown rights and chill valuable expressive and inventive behavior.