No description available.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

No description available.

Thesis (Ph. D.)--West Virginia University, 2009. / Title from document title page. Document formatted into pages; contains vii, 122 p. : col. ill. Includes abstract. Includes bibliographical references.

This thesis begins by outlining the theoretical and empirical foundations of the economics of innovations. It then proceeds by analysing four econometric issues in the measurement of technological knowledge embedded in patented innovations and modelling the statistical relationship of the value of patented innovations originating in the G-5 countries overtime. This thesis contributes to the economics of innovation literature in four areas: (1) a comprehensive review of the proxies available to elicit the value embodied in patented inventions (2) a direct comparison of regression estimates based on citations count dependent variable versus citations-weighted dependent variable (3) an introduction and application of Regression Tree and Graphical Modelling methodologies to model patented inventions (4) estimation of the fluctuations and associations in the values of patented innovation in the G-5 countries using patent citations.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

No description available.

Thesis--University of Washington. / Vita. Bibliography: leaves [226]-232.

Zugl.: Bremen, Jacobs Univ., Diss., 2008 / "Dissertation Jacobs University Bremen, 2008"--T.p. verso Includes bibliographical references