Licensing vs. Litigation: The Effect of the Legal System on Incentives to Innovate

[[abstract]]With uncertain scope of patent protection and imperfect enforcement, the effective strength of patent protection is determined by the legal system. We analyze how the legal system affects the incentives of firms to innovate, taking into account possibilities of strategic licensing and litigation to deter imitation. The legal system that guarantees the patentee's monopoly power maximizes the R&D intensities. However, the legal system that induces licensing provides incentives to exert R&D effort while preserving ex post efficiency. We also compare R&D, patent licensing, and litigation behavior under American and English rules of legal cost allocation.[[notice]]補正完畢[[journaltype]]國外[[booktype]]紙本[[countrycodes]]US

The regulatory challenge to branding: an interpretation of UK competition authority investigations 1950-2007

Branding is a necessary and important business tool. This study, however, examines whether branding can constitute an anticompetitive act. While most markets and firms do not undertake anticompetitive actions, being identified as such can result in a wide range of negative outcomes. To explore this low-frequency yet high-risk outcome, this study assesses how branding has been perceived to be anticompetitive by the UK competition authorities. This assessment is undertaken by examination of all UK competition law regulatory decisions undertaken over the period 1950–2007 by the UK competition authorities. From this assessment, it is observed that branding can facilitate excessive pricing, requires vertical restraints, and can lead to consumer confusion; all potentially anticompetitive acts. The competition regulatory decisions focused on branding issues are demonstrably different from regulatory decisions without branding concerns and involve larger, often manufacturing, firms, which operate in more concentrated markets. It is concluded that comprehension of competition law needs to be disseminated more widely amongst marketing communities and greater reference to business and marketing theory should be made by competition law agencies to assist the comprehension of marketing techniques such as branding

A law and economics perspective on terrorism

This paper reviews the existing law and economics literature on crime, noting where various models might apply to the terror context. Specifically, it focuses on two strands of the literature, deterrence and incapacitation. It considers anti-terror measures enacted by different countries, highlighting how the details of the laws correspond to the insights from economic models of crime. In conclusion, the paper proposes an efficient sorting mechanism in which individuals will be provided with incentives to reveal their type to law enforcement authorities. Copyright Springer Science+Business Media B.V. 2006Terrorism, Penalty enhancements, Communal liability, Organized crime, Basic crime model, Deterrence, Incapacitation,