This book addresses several aspects of the law and ecomics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.
Roger D. Blair has been Huber Hurst Professor of Economics at the University of Florida since 1970. He teaches courses in antitrust economics, law and economics, and the economics of sports. He has published extensively, including several books, chapters in books, and numerous articles in economic journals and law reviews. Among the books that he has co-authored are Antitrust Economics, Law and Economics of Vertical Integration and Control, and Monopsony: Antitrust Economics. Professor Blair has served as an antitrust consultant to the US Department of Justice, the Federal Trade Commission, the Attorneys General of California, Arizona, Missouri, Oregon, Washington, and Florida and numerous corporations. Thomas F. Cotter is a Professor of Law, University of Florida Research Foundation Professor, and the Director of the Intellectual Property Program at the University of Florida Frederic G. Levin College of Law. He served as Senior Articles Editor of the Wisconsin Law Review and clerked for the Honorable Lawrence W. Pierce on the United States Court of Apprals for the Second Circuit. Before joining the faculty of the University of Florida in 1994, Professor Cotter practiced law at Cravath, Swaine and Moore and at Jenner and Block. He has published scholarly articles in the California Law Review, the Georgetown Law Journal, the Minnesota Law Review, the North Carolina Law Review, and the Willliam and Mary Law Review among others and was the recipient of the 1996 Ladas Memorial Award for writing excellence on the subject of trademarks. Professor Cotter's current research interests center on intellectual property, international intellectual property, and law and economics.