Creation without restraint : promoting liberty and rivalry in innovation
著者
書誌事項
Creation without restraint : promoting liberty and rivalry in innovation
Oxford University Press, c2012
大学図書館所蔵 件 / 全4件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references and index
内容説明・目次
内容説明
Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harsh reality is that antitrust and IP laws have wandered off this course.
In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright
law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies.
Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific
reforms, most of which can be instituted by the courts without the need for new legislation.
目次
- Acknowledgments
- Introduction
- Ch. 1 Competition Policy in IP Intensive Markets
- Ch. 2 Complementary and Network Relationships
- Ch. 3 The Importance of Harm
- Ch. 4 Innovation, Competition and the Patent System
- Ch. 5 Increasing the Social Value of Patents
- Ch. 6 How Copyright Has Been Captured and Why it Matters
- Ch. 7 A Theory of Copyright Harm
- Ch. 8 Reclaiming Copyright: Constitutional Review and Statutory Interpretation
- Ch. 9 Restraints on Innovation
- Ch. 10 Misuse
- Ch. 11 Innovation and Exclusion
- Ch. 12 The Innovation Commons
- Ch. 13 Post-Sale Restraints
- Epilogue
- Index
「Nielsen BookData」 より
