Economic incongruities in the European patent system
Bruno van Pottelsberghe argues that the consequences of the fragmentation of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. The authors first show that heterogeneous national litigation costs, practices and outcome induce a high level of uncertainty. But also that a high degree of managerial complexity results from systemic incongruities due to easier parallel imports, possible time paradoxes and the de facto paradox of having EU-level competition policy and granting authority, ultimately facing national jurisdictional primacy on patent issues.
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- Bruno Van Pottelsberghe & Carine Peeters, 2006. "Economic and management perspectives on intellectual property rights," ULB Institutional Repository 2013/6185, ULB -- Universite Libre de Bruxelles.
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"Patent Litigation with Endogenous Disputes,"
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CEPR Discussion Papers
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"Litigation and Settlement in Patent Infringement Cases,"
RAND Journal of Economics,
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- Bruno van Pottelsberghe, . "Lost property: The European patent system and why it doesn't work," Blueprints, Bruegel, number 312, March.
- Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law and Economics, University of Chicago Press, vol. 38(2), pages 463-95, October.
- Pakes, Ariel & Schankerman, Mark A., 1978.
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78-13, C.V. Starr Center for Applied Economics, New York University.
- Ariel Pakes & Mark Schankerman, 1979. "The Rate of Obsolescence Of Knowledge, Research Gestation Lags, and the Private Rate of Return to Research Resources," NBER Working Papers 0346, National Bureau of Economic Research, Inc.
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