Titlebook: Mechanisms to Enable Follow-On Innovation; Liability Rules vs. Alina Wernick Book 2021 The Editor(s) (if applicable) and The Author(s), un

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Denial of Injunctive Relief,retion, reinforced by the . judgement allows the court to deny injunctions on the grounds such as irreparable harm, public interest, or disproportionality. The instrument has proved to be fitting to address hold-ups created by patent assertion entities. However, it cannot interfere with ex ante mark

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Compulsory Liability Rules in Competition Law, reviews the applicability of the essential facilities doctrine to the refusals to license patents and the possibilities to remedy unfair licensing prices and hold-up problems, especially with a view of case law on standard-essential patents. Besides, the US doctrine of essential facilities and unil

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Normative Recommendation,er follow-on innovation. Also, open innovation models fail at resolving these market failures. The author argues that follow-on innovation can be best sustained by a compulsory liability rule designed to foster voluntary licensing through its indirect effect. The normative recommendation features th

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Conclusions,sequence, when evaluated in the light of dynamic incentive theory, the patent system features imbalances that may hinder follow-on innovation. The fragmentation of the modern patent landscape heightens the likelihood of follow-on innovation becoming subject to market failures such as excessive trans

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Economic Foundations of Compulsory Liability Rules, liability rules can be designed in a manner that fosters dynamic efficiency while mitigating the unfavourable effects associated with the instrument. A compulsory liability rule may also have an indirect, balancing effect on the licensing negotiations between a patent holder and a follow-on innovator, even when it is not used in practice.

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Michael May,Lemonia Ragiaargets. The core of this chapter is formed by two research and development projects granted by the National Institute for Educational Research (SVO) in The Netherlands. In the first study, core skills in vocational education (CSIVE), we tried to define and justify ‘transferable skills’ for two occup