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Dec 22, 2020 · While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is something which it is in the public interest to protect by an injunction in order to further the purposes of the system as a whole, such as to promote investment in innovation.”
May 10, 2017 · The public’s interest is supported by patent protection, which allows successful innovation to receive monetary rewards; 8 the patent right is balanced by the public interest in access. 9 Whereas European conceptions of authors’ rights diverge from the incentive model of American copyright, in patent law there is no such contest over justifications: Patents everywhere are economic rights ...
While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is something which it is in the public interest to protect by an injunction in order to further the purposes of the system as a whole, such as to promote investment in innovation.
May 4, 2020 · The availability of an exclusionary injunction follows from the monopolistic nature of a patent right. While monopolies in general are against the public interest, once a patent has been found valid and infringed, the patent monopoly is in the public interest and is protectable by an injunction in order to further the purposes of the system as ...
Rebecca Tushnet, Intellectual Property as a Public Interest Mechanism, in The Oxford Handbook of Intellectual Property Law (Rochelle Dreyfuss & Justine Pila eds., 2017). Abstract: This chapter describes the principal arguments about intellectual property rights as mechanisms for promoting the public interest, as opposed to particular private ...
Sep 16, 2021 · For instance, to advance the public interest, an agency charged with protecting public health and the environment must correct environmental injustices (i.e., states of affairs when some social groups, relative to other groups, endure disproportionate risks or harms) (Liang et al., 2020). If the agency creates or allows conditions to exist that result in environmental injustice, it harms the ...
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Jul 26, 2018 · In fact, though some patents do form the basis of market monopolies, patents do not automatically equate to market monopolies. Most granted patents are never worked or exploited, and of those that are the majority do not result in market monopolies. This is because patents do not preclude the introduction of close substitutes or competing ...
