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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Mechanisms to Enable Follow-On Innovation - Liability Rules vs. Open Innovation Models (Paperback, 1st ed. 2021)
Loot Price: R4,593
Discovery Miles 45 930
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Mechanisms to Enable Follow-On Innovation - Liability Rules vs. Open Innovation Models (Paperback, 1st ed. 2021)
Series: Munich Studies on Innovation and Competition, 15
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The patent system is based on "one-patent-per-product" presumption
and therefore fails to sustain complex follow-on innovations that
contain a number of patents. The book explains that follow-on
innovations may be subject to market failures such as hold-ups and
excessive royalties. For decades, scholars have debated whether the
market problems can be solved with voluntary licensing i.e., open
innovation, or with compulsory liability rules. The book concludes
that neither approach is sufficient. On the one hand, incentives to
engage in open innovation practices involving patents are
insufficient. On the other hand, the existing compulsory liability
rules in patent and competition law are not tailored to address
follow-on innovator's interests. To transcend this problem, the
author proposes a compulsory liability rule against the suppression
of follow-on innovation, that paradoxically, fosters early-on
voluntary licensing between patent holders and follow-on
innovators. The book is aimed at patent and competition law
scholars and practitioners, patent attorneys, managers, engineers
and economists who either engage in open innovation involving
patents or conduct research on the topic. It also offers insights
to policy and law-makers reviewing the possibilities to foster open
innovation initiatives or adapt the scope of patent remedies or
employ compulsory licenses for patents.
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