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Ex-Post Liability Rules in Modern Patent Law

Book | 1st edition 2010 | Europe | Rosa Castro Bernieri

This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). The debate about strategic behaviour triggered by the patent system, especially in the aftermath of the U.S. Supreme Court decision in eBay v. MercExchange is discussed along with policy perspectives on both sides of the Atlantic. The problem of calculating the level of compensation, which is one of the most important critiques against the use of liability rules in patent law, is also examined in depth. The book concludes by suggesting that a coherent patent system could opt for property rules in general cases while leaving enough space for exceptions and limited liability rules. Curtailing exceptions and limitations to patent rights, including the use of patent liability rules, could otherwise risk stifling innovation and even contradicting the goals of patent law.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789400001053
Series name European Studies in Law and Economics (EDLE)
Weight 576 g
Status Available
Number of pages xi + 338 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 17, 2010
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Introduction
  • Chapter I. Property and Liability Rules: Implications for Patent Rights
  • Chapter II. Ex-Post Liability Rules: A Historical View
  • Chapter III. Ex-Post Liability Rules: A Comparative Legal View
  • Chapter IV. Ex-Post Liability Rules: When Should They Be Used?
  • Chapter V. Ex-Post Liability Rules: Towards an Efficient Design
  • Chapter VI. Conclusions
  • List of References
  • Appendix