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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 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 ...
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.
Sep 16, 2021 · The ethical justification for the existence and authority of the democratic state is its commitment to advance the public interest. “Public interest” is at heart a moral notion, which is “principally concerned with the proper conduct of political life in democracies in general and the proper ways of making collectively binding political decisions in particular” (O’Flynn, 2010, 300).
- Zahra Meghani
- meghaniz@uri.edu
- 2021
Increased competition is a clear public benefit, and one that can make patent litigation different from run-of-the-mill contracts or torts cases, the outcomes of which do not typically affect the competitiveness of markets.39 As the Supreme Court has explained, “a patent is an exception to the general rule against monopolies and to the right to access to a free and open market.”40 Because ...
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Abstract: This chapter describes the principal arguments about intellectual property rights as mechanisms for promoting the public interest, as opposed to particular private interests. Public interest arguments typically feature in balancing accounts of intellectual property rights that evince concern for the distribution of benefits as well as ...
