An Economic Analysis Of Intellectual Property Rights Infringement
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An Economic Analysis of Intellectual Property Rights Infringement by Koji Domon Pdf
Using unique field research from across Asia, this book examines the real markets of illicit products that breach intellectual property rights (IPR). The text presents three case studies regarding IPR infringements: unauthorised music content; fake spare parts of motorcycles; and fake Japanese food. Each study has unique characteristics, though their general concepts and problems have similar roots. The book shows what is happening in the black market and systems of illicit trade, providing information for stakeholders in Intellectual Property Rights to consider in devising effective methods for minimizing profits lost to copied and fake products.
The Law and Economics of Intellectual Property in the Digital Age by Niva Elkin-Koren,Eli Salzberger Pdf
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 analysis of patent litigation data by World Intellectual Property Organization,Christian Helmers Pdf
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.
Author : William M. LANDES,Richard A. Posner Publisher : Harvard University Press Page : 449 pages File Size : 50,7 Mb Release : 2009-06-30 Category : Law ISBN : 9780674039919
The Economic Structure of Intellectual Property Law by William M. LANDES,Richard A. Posner Pdf
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
Intellectual Property Law by Anne Flanagan,Maria Lillƒ Montagnani Pdf
Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Intellectual Property And Economic Development by Robert M Sherwood Pdf
Speaking very roughly, countries with advanced economies tend to be those displaying intellectual property protection systems in which the public has a basic degree of confidence. Those systems, when they are thought about at all rather than taken for granted, are thought of as reasonably effective in safeguarding innovation and creative expression
Intellectual Property and Antitrust by Mariateresa Maggiolino Pdf
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.
Research Handbook on the Economics of Intellectual Property Law by Ben Depoorter,Peter Menell,David Schwartz Pdf
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 Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition by World Intellectual Property Organization Pdf
The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.
The Economics of Copyright by Wendy J. Gordon,Richard Watt Pdf
'In contrast to patent law, copyright law has been rather neglected by economists, and the book edited by Gordon and Watt will go a distance toward righting the balance. The topics are varied, the economic analysis in them both rigorous and accessible.' - Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US 'A valuable and intelligent compendium of analyses of an issue that is likely to prove increasingly crucial for economic efficiency and the general welfare. To those not conversant with the literature, the book is full of surprising and stimulating insights and analytic avenues. It takes us well beyond the obvious tradeoff between the benefits of stimulus of creativity and ease of dissemination that is the central issue, but by no means the only important issue for rules designed to protect intellectual property.' - William J. Baumol, New York University and Princeton University, US Presenting a selection of innovative research contributions written by some of the best-known academics in the field, The Economics of Copyright covers issues that are at the forefront of the implementation and management of copyright.
Author : Prof. Thomas F. Cotter Publisher : Oxford University Press Page : 128 pages File Size : 55,5 Mb Release : 2013-03-06 Category : Law ISBN : 9780190842901
Comparative Patent Remedies by Prof. Thomas F. Cotter Pdf
Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Economics, Law and Intellectual Property by Ove Granstrand Pdf
Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society". Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.
New Technologies and Intellectual Property by Stanley M. Besen Pdf
"This Note aims to improve understanding of how new information and communications technologies may affect the economic system in which knowledge-based products and services are produced, packaged, distributed, and used. It examines (1) the economic basis for the systems of private property rights in intellectual property, copyrights, patents, and trade secrets; (2) the economic behavior of producers of intellectual property; (3) the effects of new technologies on that behavior; (4) the effects of the legal treatment of authors, publishers, packagers, distributors, and users; (5) the issues involved in estimating the harm to producers of intellectual property that results from the introduction of new technologies; and (6) various types of government intervention that may be used to promote the supply of intellectual property."--Rand abstracts.
Intellectual Property Rights by Birgitte Andersen Pdf
The book presents an impressive line-up of experts in the increasingly relevant field of law and economics, an area that has particular relevance to the issue of IP rights. . . an excellent collection of cutting-edge research. . . an essential read for those interested in the economic impact of IPRs. . . a highly recommended collection. Andrés Guadamuz, Journal of Intellectual Property Law and Practice Intellectual property policy has been framed too commonly in terms of refining and strengthening legal rights. As intellectual property grows in scope and importance, the limitations of this narrow approach have become all too apparent. This important collection puts the policy problems in proper perspective by assembling the work of leading scholars and researchers who examine intellectual property rights in terms of how they actually work in legal, economic, and institutional contexts. Brian Kahin, University of Michigan and formerly White House Office of Science and Technology Policy, US For a long time we have thought about IPRs as a policy instrument to avoid a "tragedy of commons". The essays collected by Birgitte Andersen show that in the XXI century economy there is another, and so far underestimated, danger: a sort of "tragedy of markets" where every knowledge or cultural expression becomes privatised. This will generate a greater knowledge and culture divide, with an increased corporate dominance. Those who are afraid of the dangers of exclusion and believe that open access to science, technology and culture will lead us in a more intriguing world will find convincing arguments and explanations in this volume. Daniele Archibugi, Italian National Research Council, Italy There is a growing need to understand the role of the regulation of intellectual property rights (IPRs), in order not only to achieve economic performance, growth and sustainable development at corporate, sectoral and global levels, but also to provide a higher quality of life for communities worldwide. Intellectual Property Rights is cutting edge in addressing current debates affecting businesses, industry sectors and society today, and in focusing not only on the enabling welfare effects of IPR systems, but also on some of the possible adverse effects of IPR systems. The main areas covered in the book are: the global commons in an era of corporate dominance and privatisation of the public domain, including science, culture, and healthcare under TRIPS the rationales for IPRs, and the importance of an appropriate design of an IPR regime in achieving its objectives opening the black box of IPR offices and critically reviewing how they affect economic performance in both theory and practice coordinating the institutions (state versus sector institutions, knowledge networks, innovation systems) creating and extracting financial and non-financial value from patents and copyrights. This book challenges the existing mainstream thinking and analytical frameworks dominating the theoretical literature on IPRs within economics, management, politics, law and regulation theory. It is relevant for policymakers, business analysts, industrial and business economists, researchers and students.