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A Comparative Study of Patent Infringement Remedies Related to Non-Practicing Entities in the Courts of Canada, the United Kingdom, and the United States

A Comparative Study of Patent Infringement Remedies Related to Non-Practicing Entities in the Courts of Canada, the United Kingdom, and the United States

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Title: A Comparative Study of Patent Infringement Remedies Related to Non-Practicing Entities in the Courts of Canada, the United Kingdom, and the United States
Author: Nikolic, Aleksandar
Abstract: This work examines the scope of non-practicing entity behavior and whether the debate on remedies can lead to changes that encourage the goals behind a patent system. Innovation is often the stated goal but the significance of innovation commercialization is often ignored. Furthermore, there has been an increase in business models that involve alternate means of monetizing patents, not all of which were contemplated in the purpose of the patent system. Using the goals of the patent system as a backdrop, this work provides an overview of the impact of remedies available to courts in Canada, the United Kingdom, and the United States on patent systems. The courts have the tools in each jurisdiction to grant remedies appropriate to the infringement. However, systemic limitations in each patent system often prevent the courts from reviewing disputes.
Subject: Patent law
Intellectual property
Economics
Commerce-Business
Keywords: Liability remedies
Patent
Intellectual property
Remedies
Property
Liability
Economics
Commerce
Commercialization
Trolls
Patent trolls
Non-practicing entities
Practicing entities
Canadian patent law
United States patent law
U.S. patent law
United Kingdom patent law
U.K. patent law
Accounting for profits
Accounting of profits
Disgorgement
Lost profits
Royalty
Reasonable royalty
Property rules
Liability rules
Access to justice
Innovation
Invention
Property remedies
Type: Electronic Thesis or Dissertation
Rights: Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
URI: http://hdl.handle.net/10315/27644
Supervisor: Mgbeoji, Ikechi M. C.
Degree: LLM - Master of Laws
Program: Law
Exam date: 2014-02-06
Publish on: 2014-07-09

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