By Gustavo Ghidini
This authoritative ebook offers a accomplished severe assessment of the elemental IP paradigms, equivalent to patents, emblems and copyrights. Their intersection with festival legislation and their affects at the workout of social welfare are analysed from an evolutionary viewpoint. The analyses and recommendations provided surround the positive aspects and rationales of a felony box in consistent evolution, and relate them to more and more fast technological, financial, social and geo-political advancements. Gustavo Ghidini highlights the rising tendencies that problem the conventional 'all-exclusionary' imaginative and prescient of IP legislations and its software. the writer expertly combines holistic, evolutionary and constitutionally orientated methods, with the hunt for a rebalancing of the IP rights holders' positions with electorate' and clients' rights. This publication will entice teachers, students and legal professionals focusing on the area of highbrow estate, festival and comparative legislation.
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Additional resources for Innovation, Competition and Consumer Welfare in Intellectual Property Law
This is essentially a tale of two regulations whose goals and basic regulatory principles can’t be held to coincide. For example, it is true that patent law promotes (through the (cross) licence mechanism foreseen by article 31(l) TRIPs and several countries’ national legislation) the freedom to compete of innovators that improve on previous inventions still under patent protection. But this happens only within the limits set by the IP norm, that is, of the set-up of a ‘high profile’ (technically and economically) derivative innovation.
In its turn, this rationale – dèja vu in historical cycles of industrial revolutions – stems from some typical aspects of the current industrial and financial context of technological innovation. Amongst such (well-known) factors, we can briefly consider: • the growing extension of competitive conflicts based on technological innovation to ever larger markets, typically on an international scale; • the increase, exponential in some sectors, of research and development, distribution and advertising costs (more so, often, than production costs in the strict sense); • the chronic insufficiency, as a result of the widespread implementation of cost-cutting policies, of government subsidies for scientific research, that is, the raw material for applied (industrial) research.
Or a directly financial one (think, for example, of IPR securitisation). This even applies at the accounting level: I refer to the possibility of registering IPRs in the balance sheet at a ‘fair value’ (higher than the traditional ‘historic cost’), following the new International Accounting Standards, in particular IAS 38). H. Reichman’s words) and bioengineering (due to the typical self-reproducibility of biogenetic material). Such ease annuls the natural ‘lead time’ of innovators and thereby jeopardises the recoupment of first-comers’ investments.
Innovation, Competition and Consumer Welfare in Intellectual Property Law by Gustavo Ghidini