Intellectual property refers to exclusive rights in, among other things, inventions (patents), works of authorship (copyright), and source-identifying symbols (trademarks). Intellectual property law is generally viewed as a means for inducing the optimal supply of inventions, works, and symbols. Economics provides some useful tools for determining whether the legal rules at issue are more or less likely to achieve this goal. This book in particular addresses the law and economics of a variety of topics that have been underanalyzed in the existing literature, including remedies such as injunctions and damages, the relevance of the defendant's mental state, and matters relating to the enforcement of intellectual property rights in court proceedings.
In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.
“A hugely valuable contribution. . . . In setting out a defence of the best in economics, Rodrik has also provided a goal for the discipline as a whole.” —Martin Sandbu, Financial Times In the wake of the financial crisis and the Great Recession, economics seems anything but a science. In this sharp, masterfully argued book, Dani Rodrik, a leading critic from within, takes a close look at economics to examine when it falls short and when it works, to give a surprisingly upbeat account of the discipline. Drawing on the history of the field and his deep experience as a practitioner, Rodrik argues that economics can be a powerful tool that improves the world—but only when economists abandon universal theories and focus on getting the context right. Economics Rules argues that the discipline's much-derided mathematical models are its true strength. Models are the tools that make economics a science. Too often, however, economists mistake a model for the model that applies everywhere and at all times. In six chapters that trace his discipline from Adam Smith to present-day work on globalization, Rodrik shows how diverse situations call for different models. Each model tells a partial story about how the world works. These stories offer wide-ranging, and sometimes contradictory, lessons—just as children’s fables offer diverse morals. Whether the question concerns the rise of global inequality, the consequences of free trade, or the value of deficit spending, Rodrik explains how using the right models can deliver valuable new insights about social reality and public policy. Beyond the science, economics requires the craft to apply suitable models to the context. The 2008 collapse of Lehman Brothers challenged many economists' deepest assumptions about free markets. Rodrik reveals that economists' model toolkit is much richer than these free-market models. With pragmatic model selection, economists can develop successful antipoverty programs in Mexico, growth strategies in Africa, and intelligent remedies for domestic inequality. At once a forceful critique and defense of the discipline, Economics Rules charts a path toward a more humble but more effective science.
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
Abstract: In 2007, the United States Department of Commerce altered a 23-year old policy of not applying the countervailing duty law to non-market economies, and initiated eight countervailing and antidumping duty investigations on Chinese imports. The change brings heated debate on trade remedy policies and issues of non-market economies. This study focuses on the first countervailing duty case on imported coated free sheet paper from China and analyzes the implications of this test case for United States-China bilateral trade, and industrial policies in transitioning market economies. The paper also provides a brief review of the economics of subsidies, World Trade Organization rules on subsides and countervailing measures, and United States countervailing duty laws applied to non-market economies. While recently acceded countries should review their domestic development policies from the perspective of economic efficiency and comply with the World Trade Organization rules, it is also important to further clarify the issues of non-market economies under the multilateral trading system, and pay keen attention to the rules negotiations in the current World Trade Organization Doha Development Round.
As the American economy surged in the 1990s, economic sociology made great strides as well. Economists and sociologists worked across disciplinary boundaries to study the booming market as both a product and a producer of culture, tracing the correlations they saw between economic and social phenomena. In the process, they debated the methodological issues that arose from their interdisciplinary perspectives. The New Economic Sociology provides an overview of these debates and assesses the state of the burgeoning discipline. The contributors summarize economic sociology's accomplishments to date, identifying key theoretical problems and opportunities, and formulating strategies for future research in the field. The book opens with an introduction to the main debates and conceptual approaches in economic sociology. Contributor Neil Fligstein suggests that the current resurgence of interest in economic sociology is due to the way it brings together many sociological subdisciplines including the study of markets, households, labor markets, stratification, networks, and culture. Other contributors examine the role of economic phenomena from a network perspective. Ron Burt, for example, demonstrates how social relationships affect competitive dynamics in the marketplace. A third set of chapters addresses the role of gender in economic sociology. In her chapter, Barbara Reskin rethinks conventional notions about discrimination and points out that the law only covers one type of discrimination, while in recent years social scientists have uncovered other forms of hidden discrimination, which must be addressed as well. The New Economic Sociology also addresses the problem of economic development and change from a sociological perspective. Alejandro Portes and Margarita Mooney elaborate on one of the key emerging concepts in economic sociology, arguing that social capital—as an attribute of communities and regions—can contribute to economic and social well-being by fostering collaboration and entrepreneurship. The contributors concur that economic action must be interpreted through the cultural understandings that lend it stability and meaning. By rendering these often complex debates accessible, The New Economic Sociology makes a significant contribution to this still rapidly developing field, and provides a useful guide for future avenues of research.
