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This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also...
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A key element of the copyright balance between creators and users is the doctrine of fair use (or dealing). Pursuant to this doctrine, use of a copyrighted work does not constitute infringement, so long as such use is “fair”. This paper explores the commonalities and differences between...
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Collaborative standardisation and SEP Licensing: a EU policy perspective / G. Bruzzone & S. Capozzi -- Economic considerations on mergers, IPR licensing and litigation : A EU perspective / C. Caffarra & P. Régibeau -- Alternative dispute resolution in FRAND licensing : economic considerations...
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It has often been asserted that, upon proof of patent validity, copyright ownership or trademark infringement, a permanent injunction will be granted as a matter of course. The decision of the U.S. Supreme Court in eBay v. Merc-Exchange, concerning the activities of a patent troll, has put into...
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The intellectual property (IP) provisions of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union, and of the Trans-Pacific Partnership (TPP), were among their most controversial features. Critics focused notably on strengthened protection for...
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