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Persistent link: https://www.econbiz.de/10001381134
injunctions. We investigate how damages under a liability rule and the opportunity for injunctions under a property rule can … affect the incentives to develop research tools. We show that the prevailing legal doctrine of damages under liability rule … rule with injunctions or by a liability rule under the doctrine of unjust enrichment …
Persistent link: https://www.econbiz.de/10012471710
using market value as a reference point acknowledging that intellectual assets and liability items cannot be measured … intellectual assets and liability management. It has used an intellectual assets definition, an intellectual assets indicator at an …
Persistent link: https://www.econbiz.de/10013076498
A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent becomes part of a standard pursuant to an...
Persistent link: https://www.econbiz.de/10013044878
In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez, that plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting Act unless they can demonstrate “concrete harm” arising from those violations. Although TransUnion was not a...
Persistent link: https://www.econbiz.de/10013289379
This paper explores the case law tension surrounding antitrust liability for refusals to deal in patented goods …
Persistent link: https://www.econbiz.de/10014193406
This essay considers antitrust objections to recent settlements of intellectual property litigation. Part I examines the Google Book Search settlement, which resolves a copyright dispute between Google and a class of authors and publishers, including the creators of so-called orphan works. It...
Persistent link: https://www.econbiz.de/10014188581
Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards … copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates … that the question of whether indirect copyright liability chills technological innovation inherently requires consideration …
Persistent link: https://www.econbiz.de/10014207357
the theory of economics, this paper examines economic strength of indirect liability regime in the context of ISPs …ISPs’ indirect copyright liability permits regulation where traditional legislation fails to meet requirements of … infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs’ liability for fierce copyright …
Persistent link: https://www.econbiz.de/10014208214
injunctions. We investigate how damages under a liability rule and the opportunity for injunctions under a property rule can … affect the incentives to develop research tools. We show that the prevailing legal doctrine of damages under liability rule … rule with injunctions or by a liability rule under the doctrine of unjust enrichment …
Persistent link: https://www.econbiz.de/10013228234