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Articles 1 - 6 of 6
Full-Text Articles in Consumer Protection Law
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney
Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney
Faculty Scholarship
Trademark law has de-evolved. It has transitioned from an efficient mechanism for ensuring competition into an inefficient regime for capturing economic rents. In this Article, I focus on the role that party self-interest has played in biasing the evolution of trademark law. This self-interest tends to lead parties to (1) challenge efficient legal rules and seek to replace them with inefficient, anticompetitive rules, and (2) accede to inefficient, anticompetitive rules once they are in place. Almost by definition, when a rule of trademark law promotes competition, it reduces the market surplus or rents that current producers capture. As a result, …
Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Faculty Scholarship
Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.
Five Oft-Repeated Questions About China's Recent Rise As A Patent Power, Peter K. Yu
Five Oft-Repeated Questions About China's Recent Rise As A Patent Power, Peter K. Yu
Faculty Scholarship
Policymakers, industries, commentators and the media have widely criticized China for its failure to adequately protect intellectual property rights. In recent years, however, the discourse on intellectual property developments in China has slowly begun to change. Such a change is the most notable in the patent area. Today, China is already among the top five countries filing patent applications through the Patent Cooperation Treaty (PCT). In 2011, the number of PCT applications increased by 33.4% to 16,406, earning China the fourth spot, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had …
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Faculty Scholarship
The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
Faculty Scholarship
Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …
Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson
Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson
Faculty Scholarship
In Eastman Kodak Co. v. Image Technical Services, Inc., product information, market costs, market information the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted economic analysis of antitrust law. In this Article, Mark R. Patterson argues that the Kodak decision is, in fact, economically reasonable, incorporating into antitrust law previously …