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Liability Rules in Patent Law - A Legal and Economic Analysis (Hardcover, 2015 ed.)
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Liability Rules in Patent Law - A Legal and Economic Analysis (Hardcover, 2015 ed.)
Series: Munich Studies on Innovation and Competition, 1
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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.
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