Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Table of Contents:
1. The Economic Theory of Property
2. How to Think about Copyright
3. A Formal Model of Copyright
4. Basic Copyright Doctrines
5. Copyright in Unpublished Works
6. Fair Use, Parody, and Burlesque
7. The Economics of Trademark Law
8. The Optimal Duration of Copyrights and Trademarks
9. The Legal Protection of Postmodern Art
10. Moral Rights and the Visual Artists Rights Act
11. The Economics of Patent Law
12. The Patent Court: A Statistical Evaluation
13. The Economics of Trade Secrecy Law
14. Antitrust and Intellectual Property
15. The Political Economy of Intellectual Property Law
Reviews of this book:
Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.'
--Nicholas Thompson, New York Sun
Reviews of this book:
Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable.
--R. A. Miller, Choice
Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate.
--Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World
An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law.
--Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit
The most important book ever written on intellectual property.
--William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee
Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding.
--Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
If you think you have a great idea for a new product, book, song, or invention, do not be left out. This groundbreaking new book will guide you step-by-step along the way. This book offers a simple, straightforward introduction to how to protect your idea written in laymanâe(tm)s terms. This book is written for inventors, not attorneys, and for those that want to save thousands on legal fees protecting their ideas and inventions. If you think you have a great idea or invention, you need this extremely detailed and comprehensive guide to the process.
The book covers and easily explains everything needed, from the initial patent search and licensing your idea to filing a successful and financially lucrative application. Even if you ultimately decide to use the services of a patent attorney, which in some cases is recommended, this book will get the process started and still save considerable legal fees.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.
Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed.
Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction.
JDs, LLMs & SJDs need to be able to communicate effectively and efficiently. This Dictionary will afford Law Students and Law Professors with the resource they need to bring clarity to the burgeoning field of IP Law.
Practitioners & Paralegals of Intellectual Property law must understand, cross-reference and apply intricate terminology. The IP Dictionary gives the Practitioner & Paralegal the ability to easily locate terms and underlying concepts and apply them to their work product.www.TheLawDictionarySeries.com
In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy.
By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.
"An essential and valuable contribution to American intellectual history in the last decade of the last century." -- "The American Conservative"
The dominant forces of American conservatism remain wedded, at all costs, to the Republican Party, but another movement, one with its roots in the pre-World War II era, has stepped forth to fill an intellectual vacuum on the right. This Old Right first rose in opposition to the New Deal, fighting both statism at home and the emergence of an American empire abroad. More recently this movement, sometimes called paleoconservatism, has provided the ideological backbone of modern populism and the opposition to globalization, with decisive effects on presidential politics. In "Revolt from the Heartland," Joseph Scotchie provides an intellectual history of the Old Right, treating its main figures and defining its conflict with the traditional left-right political mainstream.
As Scotchie's account makes clear, the Old Right and its descendents have articulated an arresting and powerful worldview. They include an array of learned and provocative writers, including M.E. Bradford, Russell Kirk, Richard Weaver, and Murray Rothbard, and more recently, Clyde Wilson, Thomas Fleming, Samuel Francis, and Chilton Williamson, Jr. Beginning with the movement's anti-Federalist forerunners, Scotchie traces its developments over two centuries of American history. In the realm of politics and economics, he examines the anti-imperialist stance against the Spanish-American War and the League of Nations, the split among conservatives on Cold War foreign policy, and the hostility to the socialist orientation of the New Deal. Identifying a number of social and cultural attitudes that define the Old Right, Scotchie finds the most important to be the importance of the classics, a recognition of regional cultures, the primacy of family over state, the moral case against immigration. In general, too, a Tenth Amendment approach to such recurring issues as education, abortion, and school prayer characterizes the group.
As Scotchie makes clear, the Old Right and its grass-roots supporters have, and continue to be, a powerful force in modern American politics in spite of a lack of institutional support and media recognition. "Revolt from the Heartland" is an important study of a persisting current in American political life.
Joseph Scotchie is the author of "Barbarians in the Saddle: An Intellectual Biography of Richard M. Weaver" and the editor of "The Paleoconservatives: New Voices of the Old Right" and "The Vision of Richard Weaver," all available from Transaction. He is also the author of a biography on the novelist Thomas Wolfe.
""Joe Scotchie's terrific new book solves a Great American Mystery. Why do our conservative intellectuals attack one another more viciously than they do liberals? Why does the splintered movement-Old Right, Neoconservative, New Right, and Beltway Right-behave like old communists who would rather purge each other than carry out the revolution? Why, if a member has some success, as when Pat Buchanan won in New Hampshire in 1996, do the rest attack him until they have assured his defeat? It's an incredible story and you have to read the book to find the answer""-William J. Quirk, Professor of Law, "University of South Carolina"
""As an immigrant, I have always regarded the American conserative movement as the flower of democracy, the real reason for the Free World's victory in the Cold War. But flowers do not grow to the sky and the historic conservative movement is clearly now dead. In this remarkable and erudite account, Joseph Scothie investigates the new shoots that are coming up, traces their roots, and analyzes their future-and America's.""
-Peter Brimelow, author of "Alien Nation: Common Sense About America's Immigration Disaster"
""With truly masterful precision, Joe Scotchie illuminates the myriad dissident strains of American Conservatism which knocked at the doors of power at the end of the Cold War before meeting a fateful rebuff. He tells the story of those distinctive Right wing intellectuals who said "no" to an imperial foreign policy, mass immigration, and a globalized economy. While this band lost the key internecine battles of the 1990s to Newt Gingrich the neoconvervatives, and the politics of Clinton-bashing, in Scotchie' eloquent account their struggle for a conservatism rooted a sense of measure and respect for the American past retains all its piquancy for the decade to come.""-Scott McConnell
Prognosticators apply Monte Carlo Analysis (MCA) to determine the likelihood and significance of a complete range of future outcomes; Real Options Analysis (ROA) can then be employed to develop pricing structures, or options, for such outcomes. Richard Razgaitis' Dealmaking shows readers how to apply these powerful valuation tools to a variety of business processes, such as pricing, negotiating, or living with a "deal," be it a technology license, and R&D partnership, or an outright sales agreement. Dealmaking distinguishes itself from other negotiating guides not only by treating negotiations as an increasingly common situation, but also by presenting a tool-based approach that creates flexible, practical valuation models. This forward-thinking guide includes a variety of checklists, case studies, and a CD-ROM with the appropriate software.
Richard Razgaitis (Bloomsbury, NJ) is a Managing Director at InteCap, Inc. He has over twenty-five years of experience working with the development, commercialization, and strategic management of technology, seventeen of which have been spent in the commercialization of intellectual property.
Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique.
Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer.
Key cases and legislation are highlighted within the text for ease of reference
Boxed answer plans after each question outline the major points you should be aiming to convey within your answer
The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more.
But don’t just take our word for it!
"The book was an answer to my prayers... I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!"
Azmina Thanda, 2nd year LLB
"The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams."
Deaglan McArdle, 3rd year LLB
Joseph J. Kockelmans divides the selections into several sections. Part 1, from 17861850, includes chapters by Immanuel Kant, on the metaphysical foundations of natural science, John Frederick William Herschel, on experience and the analysis of phenomena, William Whewell, on the nature and conditions of inductive science, and John Stuart Mill, on induction and the law of universal causation; part 2, from 18701899, includes chapters by Hermann Von Helmholtz, on the origin and significance of geometrical axioms, William Stanley Jevons, on the philosophy of inductive inference, John Bernard Stallo, on the kinetic theory of gasses and the conditions of the validity of scientific hypotheses, Ernst Mach, on the economical nature of physical inquiry, Karl Pearson, on perceptual and conceptual space, Emile Boutroux, on mechanical laws, Heinrich Hertz, on the appropriateness, correctness, and permissibility of scientific theories, and Ludwig Boltzmann, on the fundamental principles and basic equations of mechanics.
The third part, covering the first decade of the twentieth century, includes chapters by Henri Jules Poincare, on science and reality, Charles Peirce, on Induction, Pierre Marie Duhem, on the laws of physics, William Ostwald, on energetism and mechanics, Emile Meyerson, on identity of thought and nature as the final goal of science, Ernst Cassirer, on functional concepts of natural science; part 4, from 19101927, includes chapters by Charles Dunbar Broad, on phenomenalism, Alfred North Whitehead, on time, space, and material, Bertrand Russell, on the world of physics and the world of sense, Norman Robert Cambbell, on the meaning of science, Moritz Schlick, on basic issues of the philosophy of natural science, and Percy Williams Bridgman, on the concepts of space, time, and causality.
Philosophy of Science provides a concise single volume text to the discipline and enables students to understand and evaluate the various trends in our contemporary philosophy of science.
Joseph J. Kockelmans is professor emeritus of philosophy at the Pennsylvania State Univers
Acquire and protect your share of this major business asset
Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!
Discover how to:Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws
Example office actions and amendments
Trademark registration certificates
See the CD appendix for details and complete system requirements.
Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.
Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.
The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
A prolific writer and a stimulating thinker, Max Scheler ranks second only to Husserl as a leading member of the German phenomenological school. Scheler's work lies mostly in the fields of ethics, politics, sociology, and religion. He looked to the emotions, believing them capable, in their own quality, of revealing the nature of the objects, and more especially the values, to which they are in principle directed.
"Scheler's book is in many ways important and great. The questions raised and the method followed are important: modern British thought with its crude use and abuse of the "emotive theory" could do well with a systematic study of the emotions which might show them up as complex intentional structures, and which might rely as much on the phenomenological insights of a Scheler, as on the behaviouristic flair of Gilbert Ryle."--J.N. Findlay, Mind
Max Scheler (1874-1928) was a professor of philosophy and sociology at the University of Cologne and was best known for his work in phenomenology, ethics, and philosophical anthropology.
Peter Heath (1920-2002) was a professor of philosophy at the University of Virginia and was former president of the Lewis Carroll Society of North America.
Werner Stark (1910-1985) was professor of sociology at Fordham University. He is recognized for his work in sociology of religion, social theory, and sociology of knowledge.
Graham McAleer is professor of philosophy and co-chair of the Catholic Social Thought Committee at Loyola College in Maryland.
Demers is concerned about the fate of transformative appropriation—the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP “infringement” to include allusive borrowing in all forms: sampling, celebrity impersonation—even Girl Scout campfire sing-alongs.
Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.
Provocative, insightful, and extraordinary for its clarity and forthrightness, The Little Book of Plagiarism is an analytical tour de force in small, the work of “one of the top twenty legal thinkers in America” (Legal Affairs), a distinguished jurist renowned for his adventuresome intellect and daring iconoclasm.
From the Hardcover edition.
Do you have a great idea for a product? Do you toil away in an office, garage or basement lab day by day in the hopes of bringing a new widget to life? What will you do when it's alive and kicking?
Here's the primer every first-time inventor needs. Packed with detailed information and concise explanations, Nolo's Patents for Beginners defines what a patent is and what it can do for you. Step by step, it explains how to:
use basic patent principles
document an invention
conduct a patent search
acquire patent rights
"read" an application
determine patent ownership
find patent information
interpret international patent law
Nolo's Patents for Beginners provides sample forms and letters, resources and a glossary of terms. This edition is completely revised to cover all changes in patent case law and updated regulations for inventors applying for a patent.
Patent law is changing, and this bestselling primer on patent law has up-to-date information on the America Invents Act, the most important change to American patent law in two centuries.
Packed with detailed information, Nolo’s Patents for Beginners explains how to:document your invention acquire patent rights "read" a patent application understand how and why to make a patent search determine patent ownership find patent information understand international patent law decide whether to file a provisional patent
Nolo's Patents for Beginners provides plain-English explanations of patent law, patent and invention resources and a glossary of patent terms. The 8th edition is completely updated to cover all changes in patent law and regulations, including the latest on filing for provisional patent status.
The analysis is cast in various contexts and examined at multiple levels. The first deals with the Eurocentric character of the patent system, international law, and institutions. The second involves the cultural and economic dichotomy between the industrialized Western world and the westernizing, developing world. The third level of analysis considers the phenomenal loss of human cultures and plant diversity. Exhaustively researched and eloquently argued, Global Biopiracy sheds new light on a contentious topic. The impact of intellectual property law on indigenous peoples and informal or traditional innovations is a field of study that currently includes only a handful of scholars. Biopiracy will be an invaluable resource for students, teachers, and legal practitioners.
Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright, The Future of Ideas is a call to arms that we can ill afford to ignore.
From the Trade Paperback edition.
Patients who are not terminally ill die in hospitals every year because of medical staff misinterpretations of living wills. These are patients who would have otherwise lived if treated. But, too often, patients with living wills are treated as DNR--a code status understood by physicians and staff to mean "do not resuscitate." However, in many cases their status should have been "Full Code," which tells those in authority to use aggressive efforts to save patients' lives. Unfortunately, living wills do not contain patient code status designations and therein lies the problem.
As an emergency room physician, Ferdinando L. Mirarchi, D.O. understands how these misinterpretations happen. In "Understanding Your Living Will," Dr. Mirarchi explains how to include lifesaving patient code status information in your living will and in the living wills of your loved ones. Among the questions he answers:
- How can you be sure your living will makes your wishes clear?
- What are the hidden dangers in living wills?
- How can you avoid the misinterpretation of a DNR code status?
- When does a living will become active?
- Why is it important to have a health care power of attorney?
- What is a health care proxy?
A Book to Help You Ensure Your Living Will Follows Your Wishes