Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/25823 
Authors: 
Year of Publication: 
2006
Series/Report no.: 
CESifo Working Paper No. 1778
Publisher: 
Center for Economic Studies and ifo Institute (CESifo), Munich
Abstract: 
This paper investigates how different damage rules in patent infringement cases shape competition when intellectual property rights are probabilistic. I develop a simple model of oligopolistic competition to compare two main liability doctrines that have been used in the US to assess infringement damages - the unjust enrichment rule and the lost profit rule. It also points out the logical inconsistency in the concept of the reasonable royalty rates when intellectual property rights are not ironclad.
JEL: 
O3
L1
L4
D8
K4
Document Type: 
Working Paper
Appears in Collections:

Files in This Item:
File
Size
299.99 kB





Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.