Evolving Ip Marketplace PDF Download
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Author | : Suzanne Michael |
Publisher | : DIANE Publishing |
Total Pages | : 309 |
Release | : 2011-05 |
Genre | : Law |
ISBN | : 1437982840 |
Download Evolving IP Marketplace Book in PDF, ePub and Kindle
This report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. The report provides valuable insights on how courts can reform the patent system to best serve consumers. It recognizes that patents play a critical role in encouraging innovation, but it also observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions. This is a print on demand report.
Author | : United States. Federal Trade Commission |
Publisher | : |
Total Pages | : 302 |
Release | : 2011 |
Genre | : Competition |
ISBN | : |
Download The Evolving IP Marketplace Book in PDF, ePub and Kindle
Author | : Irene Ratzloff |
Publisher | : Nova Science Publishers |
Total Pages | : 0 |
Release | : 2012-12 |
Genre | : Competition |
ISBN | : 9781624170683 |
Download Intellectual Property and the Patent Marketplace Book in PDF, ePub and Kindle
Innovation benefits consumers through the development of new products, processes and services that improve lives and address unmet needs. It is key to meeting society's greatest challenges in areas as diverse as energy production, communications and health care, and it is essential to sustained economic growth and global competitiveness. But innovation is a complex process. It involves a series of steps from idea to invention through development to commercialization, each of which can be expensive, risky, and unpredictable. The goal of the patent system is to promote innovation in the face of that expense and risk. This book begins by examining the role of technology markets and patent markets in innovation today. Chapter 1 discusses collaboration and technology transfer which have become increasingly important pathways to innovation with significant benefits for consumers. Chapter 2 describes the increasing activity and complexity of business models in markets for patents that do not involve technology transfer, and Chapters 3-8 make recommendations for adjustments to the legal rules and practices governing notice and remedies to better align them with competition policy without undermining patent law's support for innovation.
Author | : Richard A. Epstein |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download The FTC, IP, and SSOs Book in PDF, ePub and Kindle
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream users that the rate of infringement would unduly increase, as potential infringers find it in their interest to abandon the voluntary market in favor of a more attractive system of judicial pricing. As the number of nonmarket transactions increases, the courts will play an ever larger role in deciding the terms on which the patents of one party may be used by another party. The adverse effects of this new trend will do more than reduce the incentives for innovation; it will upset the current set of well-functioning private coordination activities in the IP marketplace that are needed to accomplish the commercialization of new technologies. Such a trend would seriously undermine capital formation, job growth, competition, and the consumer welfare the FTC seeks to promote. In this paper, we examine how these consequences play out in the context of standard-setting organizations (SSOs), whose activities are key to bringing standardized technologies to market. If the FTC's proposed definitions of “reasonable royalties” and “incremental damages” become the rules for calculating damages in patent infringement cases, the stage will be set to allow the FTC and private actors to attack, after the fact, all standard pricing methods through some combination of antitrust litigation or direct regulation on the ground that such time-honored royalty arrangements involve the use of monopoly power by patent licensors. In consequence, the FTC's Proposal, if adopted, could well encourage potential licensees to adopt the very holdout strategies the FTC purports to address and that well-organized SSOs routinely counteract today. Simply put, the FTC's proposal for regulating IP by limiting the freedom of SSOs to set their own terms would replace private coordination with government hold-up. The FTC should instead abandon its preliminary recommendations and support the current set of licensing tools that have fueled effective innovation and dissemination in the IP marketplace. FTC forbearance from its unwise Proposal will improve bargaining incentives, reduce administrative costs, and remove unnecessary elements of legal uncertainty in the IP system, thereby allowing effective marketplace transactions to advance consumer welfare.
Author | : Susy Frankel |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 362 |
Release | : 2016-05-01 |
Genre | : Law |
ISBN | : 9041167900 |
Download The Internet and the Emerging Importance of New Forms of Intellectual Property Book in PDF, ePub and Kindle
The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.
Author | : Herbert Hovenkamp |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Notice and Patent Remedies Book in PDF, ePub and Kindle
In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh penalties for infringement would be a good idea. But in a world where too many patents are granted, their boundaries are often ambiguous and scope excessive, things are not so simple. The expected likelihood and magnitude of the penalty determines the number of infringement suits and the litigation resources that will be poured into them. As a result, patent remedies are an important policy lever for determining the correct amount of innovation, which is the underlying goal of the patent system. The Federal Trade Commission's new Report entitled "The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition," issued in March, 2011, highlights the importance of fixing the patent notice system. Patents are property rights. An effective property rights regime requires a timely, reliable, cost-effective system for providing notice, as well as the right incentives for responding to notice once it is given. Notice serves essentially the same purpose in the patent system as in our system of land ownership. It is socially wasteful for developers to build, only to find out later that the land belongs to someone else, who is now in a position to extract a very large penalty. Prior to building the developer may have had a competitive choice of parcels, but once construction is completed this market has gone from competitive to bilateral monopoly. For the same reasons it is socially wasteful for entrepreneurs to develop new processes or products, only to find out later that they have fallen within the claims of someone else's patent. While the problem of patent overbreadth and ambiguity are not easily repaired, the law could do much to improve the notice situation, in particular by increasing private burdens to provide adequate and timely notice to reasonably anticipated infringers, just as the real property system does. In the law of real property parties are required to supplement deficiencies in the public notice system by providing more direct types of notice reasonable for the situation. For both infringement injunctions and patent damages the problems of implementing such a requirement are far more manageable than repairing other elements of the patent system. Further, most of the changes could be placed into effect by the courts without new legislation.
Author | : American Bar Association. Section of Intellectual Property Law |
Publisher | : American Bar Association |
Total Pages | : 420 |
Release | : 2011-07-16 |
Genre | : Intellectual property |
ISBN | : 9781604427929 |
Download Annual Review of Intellectual Property Law Developments 2009 Book in PDF, ePub and Kindle
This book provides a thoughtful and balanced treatment of key legal developments in the courts, agencies, and legislatures in every area of IP law. The 2009 edition reports on nearly 200 top IP legal developments, including: In re Volkswagen of America, Inc.; In re TS Tech USA Corp.;Tafas v. Doll;Broadcom v. Qualcomm;In re Bose Corp.;Elsevier v. Muchnick; and Salinger v. Colting
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 692 |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : |
Download Official Reports of the Supreme Court Book in PDF, ePub and Kindle
Author | : Roger D. Blair |
Publisher | : Cambridge University Press |
Total Pages | : 873 |
Release | : 2017-04-07 |
Genre | : Law |
ISBN | : 1108211178 |
Download The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech Book in PDF, ePub and Kindle
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
Author | : Jonathan M. Barnett |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2023-12-31 |
Genre | : Law |
ISBN | : 1009274317 |
Download 5G and Beyond Book in PDF, ePub and Kindle
5G communications technologies will transform entire industries around the world and are already a core element of the mobile communications and automotive ecosystems. 5G and Beyond brings together some of the world's leading thinkers in law, economics, and competition policy, drawn from academia, government, and industry, to lay the intellectual foundation for sound innovation and competition policy in wireless-enabled environments. Contributors include former heads of the U.S. Patent & Trademark Office, Commissioners of the U.S. Federal Trade Commission and International Trade Commission, distinguished academics, and industry leaders. Chapters provide economically grounded and empirically informed analyses of the innovation policy issues involved in the development and adoption of 5G-enabled computing and communications technologies in the Internet of Things. This title is also available as open access on Cambridge Core.