Description
Book SynopsisBoth 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
Trade ReviewCreation without Restraint is useful reading for those that are engaged in the complexities of antitrust and intellectual property, or even for the non-specialist, as the authors skilfully navigate the issues with persuasion and giligence for all to grasp. * P. Sean Morris (University of Helsinki), European Intellectual Property Review *
Table of ContentsAcknowledgments ; 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
