Intellectual property economic and legal dimensions of rights and remedies

Roger D. Blair, Thomas F. Cotter

Research output: Chapter in Book/Report/Conference proceedingChapter

50 Scopus citations

Abstract

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. 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 - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

Original languageEnglish (US)
Title of host publicationIntellectual Property
Subtitle of host publicationEconomic and Legal Dimensions of Rights and Remedies
PublisherCambridge University Press
Pages1-304
Number of pages304
ISBN (Electronic)9780511614521
ISBN (Print)0521833167, 9780521833165
DOIs
StatePublished - Jan 1 2005

Bibliographical note

Publisher Copyright:
© Roger D. Blair and Thomas F. Cotter and Cambridge University Press, 2005.

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