Ex-Post Liability Rules in Modern Patent Law

This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). .
Auteur(s):
Rosa Castro Bernieri
Reeks:
European Studies in Law and Economics (EDLE)
Volume:
3
boek | verschenen | 1e editie
september 2010 | xi + 338 blz.

Paperback
€ 80,-


ISBN 9789400001053


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This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). The debate about strategic behaviour triggered by the patent system, especially in the aftermath of the U.S. Supreme Court decision in eBay v. MercExchange is discussed along with policy perspectives on both sides of the Atlantic. The problem of calculating the level of compensation, which is one of the most important critiques against the use of liability rules in patent law, is also examined in depth. The book concludes by suggesting that a coherent patent system could opt for property rules in general cases while leaving enough space for exceptions and limited liability rules. Curtailing exceptions and limitations to patent rights, including the use of patent liability rules, could otherwise risk stifling innovation and even contradicting the goals of patent law.

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Table of Contents (p. 0)

Introduction (p. 1)

Chapter I. Property and Liability Rules: Implications for Patent Rights (p. 13)

Chapter II. Ex-Post Liability Rules: A Historical View (p. 65)

Chapter III. Ex-Post Liability Rules: A Comparative Legal View (p. 119)

Chapter IV. Ex-Post Liability Rules: When Should They Be Used? (p. 173)

Chapter V. Ex-Post Liability Rules: Towards an Efficient Design (p. 233)

Chapter VI. Conclusions (p. 261)

List of References (p. 289)

Appendix (p. 309)

Over de reeks

European Studies in Law and Economics (EDLE)

The series European Studies in Law and Economics is devoted to further the understanding of Law and Economics in Europe. The volumes published in this series present an interdisciplinary perspective on the effects of laws on people’s behaviour and on the economic system. The ample topics address a wide audience, including policy makers, legislators, economists, lawyers and judges. The series is peer-reviewed.

The series is an initiative of the PhD programme ‘European Doctorate in Law and Economics’ (EDLE). The EDLE is the academic response to the increasing importance of the economic analysis of law in Europe. The programme is offered by the Universities of Bologna, Hamburg and Rotterdam in association with the Indira Gandhi Institute of Development Research, Mumbai (India). PhD students receive the unique opportunity to study law and economics in three different countries. The programme prepares economists and lawyers of high promise for an academic career in a research field of growing importance or for responsible positions in government, research organisations and international consulting firms.

The European Commission sponsors the EDLE as an excellence programme under the prestigious Erasmus Mundus scheme. For further information please visit: www.edle-phd.eu.

The editorial board of the series consists of Prof. Dr. Michael G. Faure (Erasmus University Rotterdam), Prof. Dr. Luigi A. Franzoni (University of Bologna) and Prof. Dr. Stefan Voigt (University of Hamburg).

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