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Book Cover
E-book
Author Krauspenhaar, Daniel, author

Title Liability rules in patent law : a legal and economic analysis / Daniel Krauspenhaar
Published Berlin : Springer, [2014]
©2015

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Description 1 online resource
Series Munich studies on innovation and competition ; volume 1
Munich studies on innovation and competition ; volume 1.
Contents Introductory Remarks -- Overuse of Exclusivity in Patent Law -- Private Liability Rule Regimes -- Compulsory Liability Rule and Liability Rule by Default Regimes -- Overall View and Conclusion
Summary The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements
Bibliography Includes bibliographical references
Notes Online resource; title from PDF title page (EBSCO, viewed October 17, 2014)
Subject Patent laws and legislation.
Liability (Law)
LAW -- Administrative Law & Regulatory Practice.
Liability (Law)
Patent laws and legislation
Law, Politics & Government.
Law, General & Comparative.
Form Electronic book
ISBN 9783642409004
3642409008
3642408990
9783642408991