Intellectual Property Infringement by Foreign Firms: Import Protection Through the Itc or Court
نویسندگان
چکیده
This paper examines intellectual property litigation as a method of protection from patent-infringing imports. Claims against imports entering the United States may be filed before International Trade Commission (ITC) or in district court. The ITC applies injunctions (import prohibitions) that would seem to provide more infringing than standard license fee remedy Settlements prior legal adjudication are common both venues. Using model with Nash bargaining and Cournot competition, we show an filing restrict by less result tends apply if product differentiation is high size patented cost-reducing innovation large.
منابع مشابه
Intellectual Property Infringement by Artificial Intelligence Applications
The growing capabilities and widening use of artificial intelligence applications (AI apps) in mainstream consumer devices (e.g., Siri on the iPhone 4S) are converging to poise interesting intellectual property challenges. While currently the most sophisticated of these apps are, at best, in an advanced-alpha or early-beta version, this technology is fueled by innovation moving at an exponentia...
متن کاملDoes Intellectual Property Lead to Intellectual Property Protection?
Researchers studying the differential commitment of countries to intellectual property rights, often appear to run into the claim that countries with a relatively higher and significantly changing technological base (the developed countries) opt for relatively stronger protection, whereas those with a relatively low and essentially unchanging technological base (the developing countries) opt fo...
متن کاملAn overview of a recent court challenge to the protection of biomarkers as intellectual property.
BACKGROUND We present an intellectual property case in the United States to demonstrate the recent developments concerning patenting novel biomarker discoveries. A court struck down several patents owned by Myriad Genetics, which were related to breast cancer (BRCA1 and BRCA2). This decision can affect patent eligibility for inventions related to biomarkers, particularly genetic biomarkers. M...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3795015