LIABILITY RULES IN PATENT LAW
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- Author: DANIEL KRAUSPENHAAR
- ISBN: 9783642408991
- Availability: In Stock
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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.