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homogeneous good. One of the firms (patent holder) develops a cost reduction innovation (drastic or non-drastic) and got a patent … unjust enrichment (UE), both damage rules that are used by courts in the calculation of damages when a patent has been … for this innovation. Under the shadow of probabilistic property rights, It is founded that licensing by using royalty rate …
Persistent link: https://www.econbiz.de/10005034377
This chapter finds that there are a variety of concerning rules and procedures for patent application review and … enforcement of patent rights in China that hamper patent quality. These range from inadequate review systems to requirements and … practices that generally weaken the efficiency and effectiveness of the patent enforcement environment, which in-turn ultimately …
Persistent link: https://www.econbiz.de/10011108770
In the traditional view of trademark law, a trademark serves its brand-identifying function. Consequently, marks which consumers actually use to identify the source of a product were allowed protection. James Hawes was the first commentator to assert that product scent merits trademark...
Persistent link: https://www.econbiz.de/10005835946
In corporate restructuring under Chapter 11, an asset valuation is a central task for both legal and financial reasons. In the area of intangible assets, however, generally accepted accounting principles (GAAP) do not reflect internally-generated assets such as brands, trademarks, and other...
Persistent link: https://www.econbiz.de/10005836409
This paper aims to analyze theories developed both in favor and against privacy protection according to current practices in the West. In the paper, we will examine economic justifications for privacy protection as defined by American economists and jurists, as well as the advantages to be...
Persistent link: https://www.econbiz.de/10011257907
This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in … actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided … domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in …
Persistent link: https://www.econbiz.de/10011258189
China has a wide-range of patent-specific and other patent-related policies in-place, many of which are at least … partially meant to stimulate patents and “indigenous innovation.” However, the analysis in this paper discusses how some of … innovation. …
Persistent link: https://www.econbiz.de/10011258198
In the literature we find unanimous consensus on the analysis of bilateral accident models. In bilateral accident models, indeed, it is usually held that both with the negligence rule and with strict liability with contributory negligence, the residual bearer adopts an efficient level of...
Persistent link: https://www.econbiz.de/10011259828
This paper examines the positions of Coase and Pigou in regard to the problem of external effects (externalities). Assessing their two most important works, it appears that Coase has a more relevant preference for an evaluation of total efficiency, while Pigou, with some exceptions, is convinced...
Persistent link: https://www.econbiz.de/10011260441
Beginning in December 2004 Google has pursued a new project to create a book search engine (Google Book Search). The project has released a storm of controversy around the globe. While the supporters of Google Book Search conceive the project as a first reasonable step towards unlimited access...
Persistent link: https://www.econbiz.de/10009397206