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This article is part of a wider project funded by the Leverhulme Trust Major Research Fellowship and a forthcoming CUP monograph on Intellectual Property and the Human Rights of Companies in Europe. The project and book seek to retrace the genesis and rationale for the extension of human rights...
Persistent link: https://www.econbiz.de/10014082129
potentially lessen incentives for innovation and on abuse of dominance/single firm exclusionary practices in IP-intensive network … importance for economic advancement and prosperity, having a direct bearing on innovation, growth and the diffusion of new …
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The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...
Persistent link: https://www.econbiz.de/10014214389
I argue that when a natural monopoly exists, the natural monopoly holder - whether an accused monopolist under antitrust law, or a copyright or patent owner under intellectual property law - should be subject only to a liability rule of compulsory licensing, no more and no less. While the...
Persistent link: https://www.econbiz.de/10014218715
Laws concerning intellectual property have been part and parcel of the international harmonization of commercial law for over a century. With the 1994 TRIPS Agreement, international standards for protecting intellectual property were firmly woven into the larger structure of global economic...
Persistent link: https://www.econbiz.de/10014113743
In recent years, patent law’s inequitable conduct doctrine has attracted considerable attention from judges, legislators, patent lawyers, and commentators, culminating most recently in the Federal Circuit’s decision to revise certain aspects of the doctrine in its en banc decision in...
Persistent link: https://www.econbiz.de/10014187343
We present a selective survey of the economic theory of intellectual property rights. After a brief description of the … intellectual property right design. We derive conclusions in the simplest, one-time innovation, case then investigate how these … optimal procurement of innovation are considered. Finally, we sketch enforcement and competition policy issues. …
Persistent link: https://www.econbiz.de/10014025169