Intellectual Property: Economic and Legal Dimensions of Rights and Remedies

Book Description

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. The authors demonstrate that the core assumption of IPR regimes--that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products--has several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

Customer Reviews:

Narrow scope.......2005-06-23

I haven't yet completed my reading of this book. But since the publisher hasn't allowed Amazon users to read excerpts of it or search in the book, I thought it might be helpful to point out some of the book's limitations.

The book is intentionally limited to a discussion of infringement remedies, and the circumstances under which those remedies should be available. Chapters focus on liability standards for IPR infringement, who is an infringer, standing to sue, and calculation of money damages. The authors also propose a "general theory of damages rules." Throughout the book, the authors consider all major types of IP (patents, trademarks, copyrights and trade secrets) -- though the discussion is limited almost entirely to US law. The economic analysis is neoclassical and very theoretical.

The authors make a significant omission, in my view -- they give scant attention to injunctive relief. There are many interesting issues currently swirling around in US IP jurisprudence concerning injunctions, especially for patents (e.g., who should have standing to seek an injunction for patent infringement), but such topics aren't discussed in any depth, if at all, in this book.

A deeper issue with the book is its non-empirical approach. Even on the subject of damage awards, you won't find any empirical data presented.

Empirical data also seem to me to be quite important for assessing whether IPR statutes truly provide incentives for innovation. Unfortunately, these supposed incentive effects are too often taken for granted. This book is no exception. Here's a quote from the introduction (pp. 2-3):

"[A]ll of the various bodies of IP law ideally strike a balance between incentives (to publish, to invest in product quality) on the one hand, and public access to the work product that results from these incentives, on the other. Just where the ideal balance lies remains a matter of disagreement. ... But our goal in this book is not to resolve these issues. Instead, we will assume that the policymaker has chosen a particular scope and duration for the IPR at issue, and that this choice reflects some reasoned consideration about the proper balance of social benefits and costs. ... As we will see, some ... enforcement rules may function better than others at preserving the incentive structure embedded in the substantive law; others may be less costly to apply, but may not function as effectively at preserving that structure."

My disappointment with this passage isn't that the authors avoid the issue of how to balance incentives and access. It's that they neither question nor demonstrate the existence of the incentive effects of IPR statutes, yet they propose to devote much of the book to looking at how to "preserve" these effects.

Because of the severe limitations of the authors' approach, I'm constrained to give the book at most three stars, regardless of what virtues I may discover in it as I complete my reading.

Book Description

Are you looking for a comprehensive approach to determining the future of new technologies based on technology rights, risk assignment, the art of deal-making, and deal economics? This indispensable tool provides you with complete coverage of the issues, methods, and art of valuing and pricing early-stage technologies including backgrounds in the core concepts, sources of value, methods of valuation, equity realizations, and negotiation strategies--all based on the author's real-world experiences.

Order your copy today!

Customer Reviews:

Budding inventors/entrepreneurs will want this book.......2006-08-16

As an accountant outside of the IP field, I found this to be a good tool to "round out" my business acumen. Enjoyed the presentation of pricing models.

My clients rate this book "Superb!".......2006-03-07

Richard is a very well known authority among those of us who are involved in the technology commercialization industry. As a technology commercialization business coach, I hear regularly that Richard's advice in his books is extremely helpful in the most important areas of their work. You can count on the validity of Richard's information...he's been in the trenches and around technology commercialization for many years.

If you want to be successful in commercializing technology get Richard's books, study them and put his advice and suggestions into practice.

~John L. Jenkins, The Coach
john@yourcoachingedge.com

Looks great so far !.......2005-10-22

I'm just through a couple of selected chapters, but I am certain that this book will provide me with an amazing outlook. It's very rounded, and includes a vast amount of information about licencing strategy, along with everything else. I suggest looking at the available images for the index (link to it somewhere on this page) and checking them out. Good stuff.

Excellent work.......2005-09-20

Dr. Razgaitis has achieved an excellent job in illustrating most types of market-practiced methods in the valuation & pricing of tech-based intellectual property. He has done it not just in a coherent manner, but also with a touch of humourous & philosophical elements, which makes the book a surprisingly enjoyable read. Despite the fact that each valuation methods has different, or even diverse, characteristics, Dr. Razgaitis managed to clearly present how each method can be practically applied in various situations, and how these methods can be jointly applied to solve business problems. He has skillfully provided knowledge & guidelines for readers to come up with their own judgement regarding what methods to be applied in various real-world situations, rather than promoting a particular method as the 'silver bullet', like some other authors may attempt to do; this is refreshing & pragmatic as technology valuation is both art & science. The references of the book are also highly valuable, as they provides good pointers to resources that would enable readers to practice the methods.

Some thoughts from a competing author.......2003-06-24

Dr. Razgaitis has tackled an area that contains the most difficult question facing professionals and intellectual property owners - how to value and price embryonic technology.

In recent years many have attempted to educate us on the subject of valuing intellectual property. Complex financial theories and spread-sheet models emerged, especially during the e-business bubble as some strove to explain the unexplainable valuations of enterprises whose only assets were intangible. Dr. Razgaitis obviously knows and understands the theories, but doesn't let the reader escape into flights of fancy, instead bringing one back to earth gently, sometimes with humor, sometimes with real-life anecdotes.

This book allows the reader to seek information to a depth that he or she wishes. As an example, the Monte Carlo technique is presented in all its complexity for those willing and able to study it. At the same time, mathematically challenged readers can still come away with an understanding of what is going on. The author is skilled in clearly explaining complexities and the many well designed charts and tables greatly assist the reader.

These are just some of the features that set this book apart and give it a strong practical value to all of those who create and exploit technology assets, and to those who advise them. Anyone in those roles should have this book within easy reach.

Average customer rating:
Valuation & Pricing of Technology-Based Intellectual Property
RICHARD RAZGAITIS
Manufacturer: JOHN WILEY AND SONS LTD
ProductGroup: Book
Binding: Paperback

General | Intellectual Property | Law | Subjects | Books
ASIN: B000N5N3S8

Book Description

Bestselling author Arnold Goldstein has successfully purchased 12 companies on his own--from retail stores to printing plants--without using any of his own money. This book reveals his secrets--including how to find, qulaify, evaluate, structure, finance, negotiate, and close a business acquisition using little or no cash down.

Customer Reviews:

Great Book!.......2007-01-02

This book suggest in the Preface that you must develop a "no cash down mentality"! Great advice and Great Book! I bought this book studied it and others for about a year. This was by far the best and most comprehensive. I bought this book and just closed on my first business purchase with no money down on December 26, using several of the techniques from the book. If you are serious but a little apprehensive, I highly recommend this book.

Compelling anecdotes, unreliable suggestions.......2003-04-04

A key fault of this book is its vague suggestion that most of its strategies have universal applicability. Often, particular financing methods work only for specific sectors in specific regions. These limitations are rarely addressed.

On balance, however, it is worth reading if you buy small businesses. The key theme -- that buyers and sellers should look at a deal from all angles -- is important. The market for small businesses is oddly homogeneous; business brokers would have you believe the only way to buy/sell is with a down payment, and seller paper. Nothing could be further from the truth. Deals can be assembled in countless ways, often on far more advantageous terms, both for sellers and buyers.

Book Description

There has been increasing interest and debate in recent years on the instituted nature of economic processes in general and the related ideas of the market, in particular the competitive process. This debate lies at the interface between two largely independent disciplines, economics and sociology, and reflects an attempt to bring the two fields of discourse more closely together. This book explores this interface in a number of ways, looking at the competitive process and market relations from a number of different perspectives.

Book Description

Make simple work of the toughest plumbing problem

Whether you are a master plumber who needs a comprehensive, on-the-job manual or a homeowner tackling weekend repair jobs, this well-illustrated guide provides all the information you need to solve just about any plumbing problem quickly, effectively, and economically. Written by a licensed master plumber, it puts you on top of situations in five key areas: Code Facts; Calculations; Existing Plumbing Systems; Service and Repair Work; Gas Piping; and Radiant Heat Piping.

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Average customer rating:

Plumbing Instant Answers

Manufacturer: McGraw/Hill
ProductGroup: Book
Binding: Paperback
ASIN: 0071437541

Average customer rating:

Plumbing Instant Answers
R. Dodge Woodson
Manufacturer: McGraw-Hill Companies, The
ProductGroup: Book
Binding: Hardcover
ASIN: B000MHIV1G

Average customer rating:
Spendright...: The Smart Start for Students
Craig J. Feeley , and Lisa Ann Feeley
ProductGroup: Book
Binding: Paperback

General | Personal Finance | Business & Investing | Subjects | Books
ASIN: 0974315915

Average customer rating:

very informative

Spending the right way was easy with this book

Was this book serious?

Just married 2003...

SpendRight: The Revolutionary Financial Diet to Gain Wealth
Lisa Ann Feeley
Manufacturer: Craig Feeley
ProductGroup: Book
Binding: Paperback

Budgeting & Money Management | Personal Finance | Business & Investing | Subjects | Books
General | Personal Finance | Business & Investing | Subjects | Books
ASIN: 0974315907

Book Description

"SpendRight A Strategy for Spending Your Way to Wealth" This is a Revolutionary Financial Diet to Gain Wealth. SpendRight offers ways to change your spending attitude and help to motivate you by figuring out what it is you want to achieve in life qirh all the money you will accumulate. Don't continue to throw money away without realizing it. Learn how much everyday items add up if you overpay.

Customer Reviews:

very informative.......2004-02-01

I thought that this book out of all the ones I've purchased in the past years...had given me the best ideas on how to save money. I'm an older person but I wished I would have had this book 15 years ago....however, I believe that this book has something for everyone.

Spending the right way was easy with this book.......2004-01-25

This book was just what I needed. It is easy to read, with user friendly exercises and if you follow most of the advice, you can start really saving some money. If you are serious about trying to figure out how to start a budget and save some money without too much pain, paperwork, or time, this is a great book! My husband and I would recommend it to any couple who are trying to figure out where their money is going.

And as far as one of the reviews I read on this site about the book telling you to borrow from relatives - they didn't read this book and are totally confused on exactly what they read because nowhere do the authors give you that advice. This is a real gem. Read it now and get started on being financially healthy.

Was this book serious?.......2004-01-12

I recieved this book as a gift from a friend of mine (which would apparently be the SpendRight Way because I didn't pay for it myself), however, I cannot seem to fathom the content of it. I assumed that it was a comical book until I read a little further into it. It was then I realized that the author was seriously giving this advice! Aside from blatent grammatical errors, the advice was terrible. The author adivised people to "borrow money from friends and relatives because you don't have to pay them back". I doubt that advice is healthy for any human relationship. Furthermore, the first review of the book was either written by someone who hadn't read it at all or by the author herself, because I cannot imagine this book receiving a good review if anyone actually took their advice. I certainly wouldn't if I wanted to have friends or family who communicated with me afterward. It was a poorly written book both grammatically and in the means of advice, because I would never take the things this book says seriously due to the poor advice within it. There is a difference between using your money wisely and taking advantage of other people for your own benefit. This book shows you how to take advantage of other people to your own benefit, as opposed to making your money the honest way.
It would be the SpendRight way to never spend your money on this book at all!

Just married 2003..........2004-01-01

A must read for any family who wants to be money conscious! Lisa & Craig Feeley offer several ways to "Spendright". From the kinds of credit cards you should have, saving at the grocery store, to common sense things taught to them by their parents, like using everything to the last drop! Lisa Feeley is an eminent financial person who will show you several ways to save money on vacations,cars,food and financial items. Spendright is written in a simple easy to read style. The book gets anyone who reads it, to hopefully think in terms of saving money. We highly reccomend it for any family. If you want to save money and budget wisely, this book is well worth the $17.95! We have used some of the ideas in the book and plan to continue in 2004.

Lisa & Mike

Customer Reviews:

Great book... has been very helpful in our program........1999-09-23

We use this book as the text book for our Office Professional class. It's been extremely helpful. Staff and students are pleased with its tips.

Book Description

This book provides an alternate foundation for the measurement of the production of nations, and applies it to the U.S. economy for the postwar period. The patterns that result are significantly different from those derived within conventional systems of national accounts. Conventional national accounts seriously distort basic economic aggregates, because they classify military, bureaucratic and financial activities as the creation of new wealth, when in fact they should be classified as forms of social consumption that, like personal consumption, actually use up social wealth in the performance of their functions.

Book Description

Free trade lies at the heart of the new era of globalization. This superb account explains the theory of free trade and how it has been put into practice. The author reviews the history of 20th century trade agreements. He traces what happened to GATT, with its quite narrow ambit, before the USA pushed the world into the Uruguay Round. He also examines the benefits and hidden costs of the WTO Agreements in both economic and non-economic terms.

The Free Trade Adventure: The Uruguay Round and Globalism-A Critique

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The Free Trade Adventure: The Uruguay Round and Globalism-A Critique
Graham Dunkley
Manufacturer: Melbourne University
ProductGroup: Book
Binding: Paperback

Commercial Policy | Economics | Business & Investing | Subjects | Books

Exports & Imports | Economics | Business & Investing | Subjects | Books

General | Popular Economics | Business & Investing | Subjects | Books

General | Business & Investing | Subjects | Books

General | International | Business & Investing | Subjects | Books

General | Politics | Nonfiction | Subjects | Books

Book Description

Many people now believe that we are entering a dramatic new phase of world history in which for the first time ever, all societies of the Earth share an approximate common goal - prosperity through free trade and free market capitalism. Others argue that we are heading for a crushing form of globalism and that free trade will be a disaster. Graham Dunkley critically analyses the Uruguay Round of GATT as a whole and focuses on some key aspects: protection reduction, services and intellectual property liberalisation, the environment, the Third World and globalisation.

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