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Much of the recent history of intellectual property has been a move from status to contract, resulting in an unchecked expansion of controls over knowledge beyond the boundaries once drawn in IP law. When employers introduce these contractual arrangements as standard HR provisions, they are...
Persistent link: https://www.econbiz.de/10012989983
How does patent enforcement affect subsequent innovation? I exploit patent infringement litigation in the United States to analyze the effect of patent enforcement on cumulative innovation. The results imply that subsequent innovation increase after a case is filed in a court. While there is a...
Persistent link: https://www.econbiz.de/10013309108
The effectiveness of patent protection depends not only on the existence of patent laws on the books, but also on the ability to enforce the rights granted by those laws. In recent years, there has been concern expressed in Australia that courts are providing inadequate protection for patent...
Persistent link: https://www.econbiz.de/10014065107
This article examines the interweaving borders between patent law and competition law. Despite the existence of certain statutory provisions that address the interface, it is a little examined area in New Zealand. The article attempts to elucidate the scope of the two intellectual property...
Persistent link: https://www.econbiz.de/10014259674
Persistent link: https://www.econbiz.de/10009722705
Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...
Persistent link: https://www.econbiz.de/10013215870
Reforming the market regulation mechanism and implementing unified market regulation are the key links to the establishment of a modern market system that is unified, open with orderly competition. Accompanied with the foundation of the State Administration for Market Regulation, both China’s...
Persistent link: https://www.econbiz.de/10013225305
We discuss and formally show a multi-period equilibrium in which, counter to preliminary intuition, a creator of a work, motivated by economic considerations, promotes breach of his own copyrights. In effect, by selectively enforcing copyrights, the creator is allegedly indirectly involved in...
Persistent link: https://www.econbiz.de/10014147628
The emergence of the multi-sided platform business model has had a profound impact on the news publishing industry. By acting as gatekeepers to news traffic, large online platforms have become unavoidable trading partners for news businesses, and exert substantial bargaining power in their...
Persistent link: https://www.econbiz.de/10013229098
By reference to case-law and soft law in three jurisdictions (Canada, US and EU), this paper explores how courts and agencies carry out balancing exercises in the application of competition law. The paper identifies three approaches: utilitarian balancing, consumer welfare balancing, and...
Persistent link: https://www.econbiz.de/10013167243