Intellectual Property Economic and Legal Dimensions of Rights and Remedies Roger D Blair Thomas F Cotter 9780511614521 Books
Download As PDF : Intellectual Property Economic and Legal Dimensions of Rights and Remedies Roger D Blair Thomas F Cotter 9780511614521 Books
This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. The authors demonstrate that the core assumption of IPR regimes--that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products--has several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.
Intellectual Property Economic and Legal Dimensions of Rights and Remedies Roger D Blair Thomas F Cotter 9780511614521 Books
I haven't yet completed my reading of this book. But since the publisher hasn't allowed Amazon users to read excerpts of it or search in the book, I thought it might be helpful to point out some of the book's limitations.The book is intentionally limited to a discussion of infringement remedies, and the circumstances under which those remedies should be available. Chapters focus on liability standards for IPR infringement, who is an infringer, standing to sue, and calculation of money damages. The authors also propose a "general theory of damages rules." Throughout the book, the authors consider all major types of IP (patents, trademarks, copyrights and trade secrets) -- though the discussion is limited almost entirely to US law. The economic analysis is neoclassical and very theoretical.
The authors make a significant omission, in my view -- they give scant attention to injunctive relief. There are many interesting issues currently swirling around in US IP jurisprudence concerning injunctions, especially for patents (e.g., who should have standing to seek an injunction for patent infringement), but such topics aren't discussed in any depth, if at all, in this book.
A deeper issue with the book is its non-empirical approach. Even on the subject of damage awards, you won't find any empirical data presented.
Empirical data also seem to me to be quite important for assessing whether IPR statutes truly provide incentives for innovation. Unfortunately, these supposed incentive effects are too often taken for granted. This book is no exception. Here's a quote from the introduction (pp. 2-3):
"[A]ll of the various bodies of IP law ideally strike a balance between incentives (to publish, to invest in product quality) on the one hand, and public access to the work product that results from these incentives, on the other. Just where the ideal balance lies remains a matter of disagreement. ... But our goal in this book is not to resolve these issues. Instead, we will assume that the policymaker has chosen a particular scope and duration for the IPR at issue, and that this choice reflects some reasoned consideration about the proper balance of social benefits and costs. ... As we will see, some ... enforcement rules may function better than others at preserving the incentive structure embedded in the substantive law; others may be less costly to apply, but may not function as effectively at preserving that structure."
My disappointment with this passage isn't that the authors avoid the issue of how to balance incentives and access. It's that they neither question nor demonstrate the existence of the incentive effects of IPR statutes, yet they propose to devote much of the book to looking at how to "preserve" these effects.
Because of the severe limitations of the authors' approach, I'm constrained to give the book at most three stars, regardless of what virtues I may discover in it as I complete my reading.
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Tags : Intellectual Property: Economic and Legal Dimensions of Rights and Remedies [Roger D. Blair, Thomas F. Cotter] on Amazon.com. *FREE* shipping on qualifying offers. This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. The authors demonstrate that the core assumption of IPR regimes--that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products--has several important implications for the optimal design of remedies,Roger D. Blair, Thomas F. Cotter,Intellectual Property: Economic and Legal Dimensions of Rights and Remedies,Cambridge University Press,0511614527,BUSINESS & ECONOMICS Labor,Economics,Law
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Intellectual Property Economic and Legal Dimensions of Rights and Remedies Roger D Blair Thomas F Cotter 9780511614521 Books Reviews
I haven't yet completed my reading of this book. But since the publisher hasn't allowed users to read excerpts of it or search in the book, I thought it might be helpful to point out some of the book's limitations.
The book is intentionally limited to a discussion of infringement remedies, and the circumstances under which those remedies should be available. Chapters focus on liability standards for IPR infringement, who is an infringer, standing to sue, and calculation of money damages. The authors also propose a "general theory of damages rules." Throughout the book, the authors consider all major types of IP (patents, trademarks, copyrights and trade secrets) -- though the discussion is limited almost entirely to US law. The economic analysis is neoclassical and very theoretical.
The authors make a significant omission, in my view -- they give scant attention to injunctive relief. There are many interesting issues currently swirling around in US IP jurisprudence concerning injunctions, especially for patents (e.g., who should have standing to seek an injunction for patent infringement), but such topics aren't discussed in any depth, if at all, in this book.
A deeper issue with the book is its non-empirical approach. Even on the subject of damage awards, you won't find any empirical data presented.
Empirical data also seem to me to be quite important for assessing whether IPR statutes truly provide incentives for innovation. Unfortunately, these supposed incentive effects are too often taken for granted. This book is no exception. Here's a quote from the introduction (pp. 2-3)
"[A]ll of the various bodies of IP law ideally strike a balance between incentives (to publish, to invest in product quality) on the one hand, and public access to the work product that results from these incentives, on the other. Just where the ideal balance lies remains a matter of disagreement. ... But our goal in this book is not to resolve these issues. Instead, we will assume that the policymaker has chosen a particular scope and duration for the IPR at issue, and that this choice reflects some reasoned consideration about the proper balance of social benefits and costs. ... As we will see, some ... enforcement rules may function better than others at preserving the incentive structure embedded in the substantive law; others may be less costly to apply, but may not function as effectively at preserving that structure."
My disappointment with this passage isn't that the authors avoid the issue of how to balance incentives and access. It's that they neither question nor demonstrate the existence of the incentive effects of IPR statutes, yet they propose to devote much of the book to looking at how to "preserve" these effects.
Because of the severe limitations of the authors' approach, I'm constrained to give the book at most three stars, regardless of what virtues I may discover in it as I complete my reading.
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