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Intellectual Property Litigation Activity in the USA

15 Pages Posted: 31 Aug 2006  

Suhejla Hoti

University of Western Australia

Michael McAleer

Erasmus University Rotterdam - Erasmus School of Economics, Econometric Institute; Tinbergen Institute; University of Tokyo - Centre for International Research on the Japanese Economy (CIRJE), Faculty of Economics

Daniel J. Slottje

Southern Methodist University (SMU) - Department of Economics

Abstract

Brand names or trademarks carry incredible economic power and prestige. There is increasing recognition by world bodies that intellectual property (IP), whether manifested in patents, trademarks, copyrights or trade secrets, is highly valuable and must be protected through robust IP enforcement. The USA is an interesting natural laboratory as patent, trademark and copyright litigation battles have been raging domestically for some time. The paper discusses the four main forms of IP assets, the legal remedies that are available to enforce the property rights inherent in each type of IP asset, the basic damages theory relating to each form of IP, and how damages may be calculated when each type of asset is presumed to be infringed. The increased recognition of the value of IP has led to stronger enforcement of IP protection, an increase in IP litigation, and growing policy actions that are focused on how that protection should be manifested. An empirical analysis of how the IP litigation activity in the USA has changed over time is also presented.

Suggested Citation

Hoti, Suhejla and McAleer, Michael and Slottje, Daniel J., Intellectual Property Litigation Activity in the USA. Journal of Economic Surveys, Vol. 20, No. 4, pp. 715-729, September 2006. Available at SSRN: https://ssrn.com/abstract=927523 or http://dx.doi.org/10.1111/j.1467-6419.2006.00264.x

Suhejla Hoti (Contact Author)

University of Western Australia ( email )

35 Stirling Highway
Crawley, WA Western Australia 6009
AUSTRALIA

Michael McAleer

Erasmus University Rotterdam - Erasmus School of Economics, Econometric Institute ( email )

Rotterdam
Netherlands

Tinbergen Institute

Rotterdam
Netherlands

University of Tokyo - Centre for International Research on the Japanese Economy (CIRJE), Faculty of Economics

Tokyo
Japan

Daniel J. Slottje

Southern Methodist University (SMU) - Department of Economics ( email )

Dallas, TX 75275
United States

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