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Liability Rules in Patent Law

A Legal and Economic Analysis

  • Book
  • © 2015

Overview

Authors:
  1. Daniel Krauspenhaar

    1. Munich, Germany

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  • Interdisciplinary research at the interface of law, business administration and economics
  • Perspectives for improvement of the patent system
  • Focus on whether and under which conditions patents should be protected by property or liability rules

Part of the book series: Munich Studies on Innovation and Competition (MSIC, volume 1)

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Table of contents (5 chapters)

  1. Front Matter

    Pages i-xix
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  2. Introductory Remarks

    • Daniel Krauspenhaar
    Pages 1-9

  3. Overuse of Exclusivity in Patent Law

    • Daniel Krauspenhaar
    Pages 11-95

  4. Private Liability Rule Regimes

    • Daniel Krauspenhaar
    Pages 97-176

  5. Compulsory Liability Rule and Liability Rule by Default Regimes

    • Daniel Krauspenhaar
    Pages 177-228

  6. Overall View and Conclusion

    • Daniel Krauspenhaar
    Pages 229-233
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Keywords

About this book

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.

Authors and Affiliations

  • Munich, Germany

    Daniel Krauspenhaar

Bibliographic Information

  • Book Title: Liability Rules in Patent Law

  • Book Subtitle: A Legal and Economic Analysis

  • Authors: Daniel Krauspenhaar

  • Series Title: Munich Studies on Innovation and Competition

  • DOI: https://doi.org/10.1007/978-3-642-40900-4

  • Publisher: Springer Berlin, Heidelberg

  • eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2015

  • Hardcover ISBN: 978-3-642-40899-1Published: 20 October 2014

  • Softcover ISBN: 978-3-662-52489-3Published: 23 August 2016

  • eBook ISBN: 978-3-642-40900-4Published: 06 October 2014

  • Series ISSN: 2199-7462

  • Series E-ISSN: 2199-7470

  • Edition Number: 1

  • Number of Pages: XIX, 233

  • Number of Illustrations: 10 illustrations in colour

  • Topics: IT Law, Media Law, Intellectual Property, Law and Economics

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