Patents as an Incentive for Innovation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524146
Total Pages : 474 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Patents as an Incentive for Innovation by : Rafal Sikorski

Download or read book Patents as an Incentive for Innovation written by Rafal Sikorski and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Patents and Technological Progress in a Globalized World

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Publisher : Springer Science & Business Media
ISBN 13 : 3540887431
Total Pages : 898 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis Patents and Technological Progress in a Globalized World by : Wolrad Prinz zu Waldeck und Pyrmont

Download or read book Patents and Technological Progress in a Globalized World written by Wolrad Prinz zu Waldeck und Pyrmont and published by Springer Science & Business Media. This book was released on 2008-11-20 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.

Innovation and Incentives

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Publisher : MIT Press
ISBN 13 : 9780262195157
Total Pages : 382 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Innovation and Incentives by : Suzanne Scotchmer

Download or read book Innovation and Incentives written by Suzanne Scotchmer and published by MIT Press. This book was released on 2004 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economics of intellectual property and R&D incentives explained in a balanced, accessible mixture of institutional details and theory.

Patents

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Publisher : John Wiley & Sons
ISBN 13 : 1786301180
Total Pages : 292 pages
Book Rating : 4.7/5 (863 download)

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Book Synopsis Patents by : Marc Baudry

Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-11-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

An Economic Review of the Patent System

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Author :
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis An Economic Review of the Patent System by : Fritz Machlup

Download or read book An Economic Review of the Patent System written by Fritz Machlup and published by . This book was released on 1958 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.

A Patent System for the 21st Century

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Publisher : National Academies Press
ISBN 13 : 0309089107
Total Pages : 186 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis A Patent System for the 21st Century by : National Research Council

Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

The Case For Patents

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Author :
Publisher : World Scientific
ISBN 13 : 9811225672
Total Pages : 462 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis The Case For Patents by : Daniel F Spulber

Download or read book The Case For Patents written by Daniel F Spulber and published by World Scientific. This book was released on 2021-03-02 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.

Innovation and Its Discontents

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Publisher : Princeton University Press
ISBN 13 : 9781400837342
Total Pages : 256 pages
Book Rating : 4.8/5 (373 download)

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Book Synopsis Innovation and Its Discontents by : Adam B. Jaffe

Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Innovation Without Patents

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1847204449
Total Pages : 217 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Innovation Without Patents by : U. Suthersanen

Download or read book Innovation Without Patents written by U. Suthersanen and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone with an interest in patent law, intellectual property law generally, and/or the interplay of policy and practice at the forefront of an essentially economic but ideology laden area of law, this is an excellent work providing much food for thought. . . This work is an excellent addition to the literature in the area and will fuel ongoing debate over reform. At the very least it will provide an interesting read for those with an interest in intellectual property law, or who practice in the area. The practice of law can all too easily exhibit the worst attributes of scholasticism; work such as this is an enjoyable remedy, and I recommend this book for all those who care to reflect upon the deeper themes of this area of law and who have an interest in the process of debate as opposed to advocacy for a particular position. . . A decent glass of something along with this book makes for an enjoyable few hours at the very least. Gus Hazel, New Zealand Law Journal The current patent system is both facilitator and stumbling block, as the editors recognise, and the problems raised by borderline inventions at the margins of patentability, as well as the detection and deterrence of free riders, reflect this ambiguity. The editors are to be congratulated on putting together such a good and enjoyable read, complete with a set of conclusions and recommendations. ipkat.com Clearly written in an accessible style, this book brings together economic thinking on innovation and legal thinking on unpatentable invention and sets them in the context of the legal systems in countries in various parts of the world. Its great merit is the emphasis on empirical and institutional analysis of theory and practice. It should inform IP policy-making everywhere. Ruth Towse, Erasmus University Rotterdam, The Netherlands This book asks whether or not protecting unpatentable innovation is a good idea, especially for developing countries. Edited by well-known specialists from the Queen Mary IP Institute and the Singapore IP Academy, who have included their own substantial contributions, the work contains a number of valuable empirical studies by national experts mainly from the Far East and Latin America on the operation of national utility models and other similar schemes designed to protect innovation outside the patent system. The book is essential reading for lawyers, economists, policy makers and NGOs concerned with how best to encourage national and regional innovation and economic prosperity. David Vaver, University of Oxford, UK Focusing on innovation and development, this book, easy to read and full of interesting detail, provides both valuable insight into the theoretical framework of innovation as supported by intellectual property protection and contains valuable case studies of national systems of innovation in the Pacific Rim States. Thomas Dreier, University of Karlsruhe, Germany This book is concerned with the extent to which innovations should or should not be protected as intellectual property, and the implications this has upon the ability of local manufacturers to learn to innovate. A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country s level of development. This discussion is capped by a number of proposed policy options. The theoretical and practical approaches to intellectual property rights, innovation and development policy formulation make Innovation without Patents acce

Patents in the Knowledge-Based Economy

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Publisher : National Academies Press
ISBN 13 : 0309086361
Total Pages : 352 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council

Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Innovation and Incentives

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Publisher : MIT Press
ISBN 13 : 0262693437
Total Pages : 371 pages
Book Rating : 4.2/5 (626 download)

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Book Synopsis Innovation and Incentives by : Suzanne Scotchmer

Download or read book Innovation and Incentives written by Suzanne Scotchmer and published by MIT Press. This book was released on 2006-08-11 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in intellectual property and other institutions that promote innovation exploded during the 1990s. Innovation and Incentives provides a clear and wide-ranging introduction to the economics of innovation, suitable for teaching at both the advanced undergraduate and graduate levels. It will also be useful to legal and economics professionals. Written by an expert on intellectual property and industrial organization, the book achieves a balanced mix of institutional details, examples, and theory. Analytical, empirical, or institutional factors can be given different emphases at different levels of study. Innovation and Incentives presents the historical, legal, and institutional contexts in which innovation takes place. After a historical overview of the institutions that support innovation, ranging from ancient history through today's government funding and hybrid institutions, the book discusses knowledge as a public good, the economic design of intellectual property, different models of cumulative innovation, the relation of competition to licensing and joint ventures, patent and copyright enforcement and litigation, private/public funding relationships, patent values and the return on R&D investment, intellectual property issues arising from direct and indirect network externalities, and globalization. The text presents technical and abstract analysis and at the same time sheds light on current controversies and policy-relevant topics, including the difficulty of enforcing copyright in the digital age and international protection of intellectual property.

Genes and Ingenuity

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Publisher : Virago Press
ISBN 13 :
Total Pages : 690 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Genes and Ingenuity by : Australia. Law Reform Commission

Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.

To Promote Innovation

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Publisher : DIANE Publishing
ISBN 13 : 1428952748
Total Pages : 315 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis To Promote Innovation by : United States. Federal Trade Commission

Download or read book To Promote Innovation written by United States. Federal Trade Commission and published by DIANE Publishing. This book was released on 2003 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.

The Oxford Handbook of the Economics of the Biopharmaceutical Industry

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Publisher : Oxford University Press
ISBN 13 : 0199909261
Total Pages : 624 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of the Economics of the Biopharmaceutical Industry by : Patricia M. Danzon

Download or read book The Oxford Handbook of the Economics of the Biopharmaceutical Industry written by Patricia M. Danzon and published by Oxford University Press. This book was released on 2012-04-12 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The biopharmaceutical industry has been a major driver of technological change in health care, producing unprecedented benefits for patients, cost challenges for payers, and profits for shareholders. As consumers and companies benefit from access to new drugs, policymakers around the globe seek mechanisms to control prices and expenditures commensurate with value. More recently the 1990s productivity boom of new products has turned into a productivity bust, with fewer and more modest innovations, and flat or declining revenues for innovative firms as generics replace their former blockbuster products. This timely volume examines the economics of the biopharmaceutical industry, with eighteen chapters by leading academic health economists. Part one examines the economics of biopharmaceutical innovation including determinants of the costs and returns to new drug development; how capital markets finance R&D and how costs of financing the biopharmaceutical industry compare to financing costs for other industries; the effects of safety and efficacy regulation by the Food and Drug Administration (FDA) and of price and reimbursement regulation on incentives for innovation; and the role of patents and regulatory exclusivities. Part two examines the market for biopharmaceuticals with chapters on prices and reimbursement in the US, the EU, and other industrialized countries, and in developing countries. It looks at the optimal design of insurance for drugs and the effects of cost sharing on spending and on health outcomes; how to measure the value of pharmaceuticals using pharmacoeconomics, including theory, practical challenges, and policy issues; how to measure pharmaceutical price growth over time and recent evidence; empirical evidence on the value of pharmaceuticals in terms of health outcomes; promotion of pharmaceuticals to physicians and consumers; the economics of vaccines; and a review of the evidence on effects of mergers, acquisitions and alliances. Each chapter summarizes the latest insights from theory and recent empirical evidence, and outlines important unanswered questions and areas for future research. Based on solid economics, it is nevertheless written in terms accessible to the general reader. The book is thus recommended reading for academic economists and non-economists, and for those in industry and policy who wish to understand the economics of this fascinating industry.

Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China

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Author :
Publisher : European Chamber
ISBN 13 :
Total Pages : 235 pages
Book Rating : 4./5 ( download)

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Book Synopsis Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China by : Dan Prud‘homme

Download or read book Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China written by Dan Prud‘homme and published by European Chamber. This book was released on 2012-08-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears over-hyped by some sources. There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardization approaches; and a wide range of others. There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.

Patents and Innovation Trends and Policy Challenges

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Author :
Publisher : OECD Publishing
ISBN 13 : 926402672X
Total Pages : 32 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Patents and Innovation Trends and Policy Challenges by : OECD

Download or read book Patents and Innovation Trends and Policy Challenges written by OECD and published by OECD Publishing. This book was released on 2004-02-02 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few systematic economic evaluations have been carried out on patent system to better inform policy choices. This report, which covers a range of areas, and highlights some issues that policy makers should address in the near future, including ...

The Economics of the European Patent System

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 019929206X
Total Pages : 267 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Economics of the European Patent System by : Dominique Guellec

Download or read book The Economics of the European Patent System written by Dominique Guellec and published by Oxford University Press on Demand. This book was released on 2007-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.