Innovation for the 21st Century

1. Auflage 2010
ISBN: 978-0-19-979428-7
Verlag: Oxford University Press

Buch, Englisch, 416 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 638 g

Provides an analysis of why innovation is in peril in the U.S. and offers 10 concrete solutions to aid in legal IP and antitrust matters
Compares the current state of Intellectual Property law to Antitrust Law and shows how these seemingly unrelated areas of the law are profoundly linked to important public policy questions
Opens a window on cutting-edge technologies and their complex interaction with business, the law, and public policy

On their broadest level, the IP and antitrust laws aim to increase societal welfare. But they do so in different ways. The foundation of the IP system is the right to exclude. This right allows inventors to recover their investment costs and to obtain profits. Relatedly, it discourages "free riders" who imitate the invention and - because they have no investment costs to recover - undercut the price. The right to exclude, in short, is designed to increase innovation. The very exclusion at the heart of IP nonetheless might seem suspicious to antitrust, which focuses on harms to competition. The antitrust laws presume that competition leads to lower prices, higher output, and more innovation. They anticipate that certain agreements between competitors or conduct by monopolists prevents consumers from enjoying these benefits. In Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, Michael Carrier contends that intellectual property and antitrust, the two most important laws fostering innovation, are not being used most effectively to achieve this goal and offers various proposals that individually and collectively remedy this deficiency.

Zielgruppe

Students, scholars, practitioners, policymakers, and economists

Autoren/Hrsg.

Carrier, Michael A.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Wirtschaftswissenschaften Betriebswirtschaft Management Forschung & Entwicklung (F&E), Innovation

Inhaltsverzeichnis

Introduction
Part I: Primer
1.: Chapter 1. Innovation
2.: Chapter 2. Intellectual Property
3.: Chapter 3. Antitrust
4.: Chapter 4. IP-Antitrust Intersection: 20th Century
5.: Chapter 5. IP-Antitrust Intersection: 21st Century
Part II: Copyright
6.: Chapter 6. Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies
7.: Chapter 7. Damaging Copyright Damages
8.: Chapter 8. The Digital Millennium Copyright Act: From Pirates to User Innovators
Part III: Patent
9.: Chapter 9. Better Patents: A Post-Grant Opposition Procedure
10.: Chapter 10. Less Dangerous Patents: A Framework for Relief
11.: Chapter 11. Biotechnology Dilemma 1: Patented Research Tools
12.: Chapter 12. Biotechnology Dilemma 2: Material Transfer Agreements
Part IV: Antitrust
13.: Chapter 13. Innovation Markets: Saving Lives and Money in the Pharmaceutical Industry
14.: Chapter 14. Supporting Standard-Setting Organizations
15: Chapter 15. Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality
Conclusion

Über Autor(innen)

Carrier, Michael A.
Michael A. Carrier is Professor of Law at Rutgers University School of Law-Camden. He has published and spoken widely on the antitrust and intellectual property laws, and is one of the leading authorities in the country on the intersection of these laws.

Michael A. Carrier, Professor of Law, Rutgers University School of Law

Michael A. Carrier is Professor of Law at Rutgers University School of Law-Camden. He has published and spoken widely on the antitrust and intellectual property laws, and is one of the leading authorities in the country on the intersection of these laws.