Acts that underline the illegal use of IP-protected content
IP Violations
IP Violations types:
Infringment (patents)
Counterfeit (TM or designs)
Plagiarism (Copyrights)
Piracy (Digital copyright)
Violations are illegal even if they occurred involuntarily, in good faith
True
Making use of a patented product or process without
the consent of the patent owner
Patent infringement
Patent infringement legal status (3)
Determined by the national courts or by the Unified
Patent Court.
One country may differ from other countries
Patent proprietors can claim damages and other remedies from alleged infringers
The dimished value of a brand caused by its excessive, wrong or unsuccessful use in product extensions
Brand dilution
Who is damaged when counterfeiting:
- Owners (or licensees) of IPs 2. The socio-economic system 3. The consumers of IP-secured products
- Diminished sales
- Lower prices (or high price elasticity)
- Faster obsolescence
- Loss of control on product quality and distribution
- (Trademarks: dilution and vulgarization=loss of distinctiveness)
- Owners (or licensees) of IPs
- In the long-run: fewer investments in innovative/creative products
- More money and power to criminals/illegal trade circuits
- No taxes paid
- The socio-economic system
- Poor quality products (e.g., drugs, foods, toys, batteries.. ) can create health issues
- Economic damage 2 models
- The consumers of IP-secured products
Counterfeit goods that are sold/marketed
pretending they are original goods.
Damage:
* Deception
* Full price
* No quality guarantee
Consumer Economic Damage: Primary market model
Counterfeit goods that are traded as such
Damage for consumers not clear, they gain.
Damage for the IP owner moderate:
Limited dilution
Lower sales (they would not buy it anyway)
Unpaid advertise!!!
Consumer Economic Damage: Secondary market model
What is that you need to budget when thinking about patenting
Litigations
Ways to adress litigations
- Own layers
- Third party arbitration
- WIPO / UPC arbitration
- Single lawsuit national court (home jurisdiction)
- Multiple lawsuits in international courts (foreign jurisdiction)
PAEs
Patent Assertion Entities
Patent Assertion Entities
that acquire patents from third parties and seek to generate revenue by asserting them against alleged infringers.
They are also called
patent trolls (or ‘patent sharks’).
Describe the situation of health care and patents in developing countries
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