Intellectual Property: Economic and Legal Dimensions of Rights and Remedies

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Cambridge University Press, May 2, 2005 - Business & Economics - 304 pages
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Intellectual property refers to exclusive rights in, among other things, inventions (patents), works of authorship (copyright), and source-identifying symbols (trademarks). Intellectual property law is generally viewed as a means for inducing the optimal supply of inventions, works, and symbols. Economics provides some useful tools for determining whether the legal rules at issue are more or less likely to achieve this goal. This book in particular addresses the law and economics of a variety of topics that have been underanalyzed in the existing literature, including remedies such as injunctions and damages, the relevance of the defendant's mental state, and matters relating to the enforcement of intellectual property rights in court proceedings.
  

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Contents

one Introduction
1
two The Law and Economics of IPRs
7
three A General Theory of Damages Rules
42
four Departures from the General Theory
70
five Liability Standards for IPRs
96
six Who Is an Infringer?
132
seven Who Should Be Entitled to Sue for Infringement?
160
eight Calculating Monetary Damages
208
nine Concluding Remarks
263
Bibliography
267
Index
285
Copyright

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About the author (2005)

Roger D. Blair has been Huber Hurst Professor of Economics at the University of Florida since 1970. He teaches courses in antitrust economics, law and economics, and the economics of sports. He has published extensively, including several books, chapters in books, and numerous articles in economic journals and law reviews. Among the books that he has co-authored are Antitrust Economics, Law and Economics of Vertical Integration and Control, and Monopsony: Antitrust Economics. Professor Blair has served as an antitrust consultant to the U.S. Department of Justice, the Federal Trade Commission, the Attorneys General of California, Arizona, Missouri, Oregon, Washington, and Florida and numerous corporations.

Thomas F. Cotter is a Professor of Law, University of Florida Research Foundation Professor, and the Director of the Intellectual Property Program at the University of Florida Frederic G. Levin College of Law. He served as Senior Articles Editor of the Wisconsin Law Review and clerked for the Honorable Lawrence W. Pierce on the United States Court of Apprals for the Second Circuit. Before joining the faculty of the University of Florida in 1994, Professor Cotter practiced law at Cravath, Swaine & Moore and at Jenner & Block. He has published scholarly articles in the California Law Review, Georgetown Law Journal, Minnesota Law Review, North Carolina Law Review, and Willliam & Mary Law Review among others and was the recipient of the 1996 Ladas Memorial Award for writing excellence on the subject of trademarks. Professor Cotter's current research interests center on intellectual property, international intellectual property, and law and economics.

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