Liability Rules in Patent Law: A Legal and Economic Analysis by Daniel KrauspenhaarLiability Rules in Patent Law: A Legal and Economic Analysis by Daniel Krauspenhaar

Liability Rules in Patent Law: A Legal and Economic Analysis

byDaniel Krauspenhaar

Hardcover | October 20, 2014

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The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Title:Liability Rules in Patent Law: A Legal and Economic AnalysisFormat:HardcoverDimensions:233 pagesPublished:October 20, 2014Publisher:Springer-Verlag/Sci-Tech/TradeLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3642408990

ISBN - 13:9783642408991

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Table of Contents

Introductory Remarks.- Overuse of Exclusivity in Patent Law.- Private Liability Rule Regimes.- Compulsory Liability Rule and Liability Rule by Default Regimes.- Overall View and Conclusion.