"Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they typically get the history wrong. The purpose of this book is to get the history right by showing that patent systems are the product of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties, now and in the past, to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections; nirvana is not on the menu. The most interesting intellectual issue is not how patent systems are imperfect, but why historically US-style patent systems have come to dominate all other methods of encouraging inventive activity. The answer offered by the essays in this volume is that they create a temporary property right that can be traded in a market, thereby facilitating a productive division of labor and making it possible for firms to transfer technological knowledge to one another by overcoming the free-rider problem. Precisely because the value of a patent does not inhere in the award itself but rather in the market value of the resulting property right, patent systems foster a decentralized ecology of inventors and firms that ceaselessly extends the frontiers of what is economically possible"--
European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, ...
... the court did note that the injunction should allow the defendant to refer to the fact that its retitled show was previously known as 'Glee'. 202 Interflora Inc v Marks & Spencer Plc (No 2) (High Court) [2014] FSR 2, paras 20–22; ...
ASSIGNMENT 22 — THE INTEREST IN PUBLIC ACCESS INSERT ON P. 826 , AFTER JUDGE NEWMAN'S DISSENT IN INTEGRA : As you saw , Judge Newman's dissent in Integra was mainly a discussion of ... 545 U.S. 193 , 125 S. Ct . 2372 , 162 L.Ed.2d 160 .
We consider a model of the innovative environment where there is a distinction between ideas for R&D investments and the investments themselves.
In addition, the new edition analyses a wide range of recent cases.
A clear and practical guide to the categories of subject matter protected by the main Intellectual Property regimes, focusing on their constitutive aspects and differences.
The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real life examples of intellectual property law in action, helping to bring the subject to life.
We affirm the district court's finding that “ [ d ] uring the testing of the Fort Howard machine in July and August 1981 , Magna - Graphics completed an operable assembly of the infringing rewinder . ” ** * * C Although Magna - Graphics ...
"This book was originally published as a monograph in the International encyclopaedia of laws/Intellectual property law."
The Social Mortgage of Intellectual Property