Alina Wernick
Mechanisms to Enable Follow-On Innovation: Liability Rules vs. Open Innovation Models
Mechanisms to Enable Follow-On Innovation: Liability Rules vs. Open Innovation Models
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The patent system fails to sustain complex follow-on innovations, leading to market failures such as hold-ups and excessive royalties. The book proposes a compulsory liability rule against the suppression of follow-on innovation to foster early-on voluntary licensing between patent holders and follow-on innovators. It is aimed at patent and competition law scholars, practitioners, and policy and law-makers.
Format: Paperback / softback
Length: 450 pages
Publication date: 14 May 2022
Publisher: Springer Nature Switzerland AG
The patent system, founded on the notion of one patent per product, falls short in supporting intricate follow-on innovations that encompass multiple patents. This book elucidates that follow-on innovations may encounter market failures, including hold-ups and exorbitant royalties. Scholars have long debated whether market problems can be resolved through voluntary licensing, known as open innovation, or through compulsory liability rules. The book reaches a conclusive conclusion: neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are inadequate. On the other hand, the existing compulsory liability rules in patent and competition law fail to adequately safeguard the interests of follow-on innovators.
To overcome this challenge, the author proposes a compulsory liability rule aimed at preventing the suppression of follow-on innovation. Interestingly, this rule paradoxically fosters early-on voluntary licensing between patent holders and follow-on innovators. This book is tailored for patent and competition law scholars, practitioners, patent attorneys, managers, engineers, and economists involved in open innovation practices or conducting research on the topic. It also provides valuable insights to policy and law-makers exploring ways to promote open innovation initiatives or refine the scope of patent remedies or utilize compulsory licenses for patents.
Weight: 724g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030722593
Edition number: 1st ed. 2021
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