How Reasonable is the ‘Reasonable’ Royalty Rate? Damage Rules and Probabilistic Intellectual Property Rights

Jay Choi

No 1778, CESifo Working Paper Series from CESifo

Abstract: This paper investigates how different damage rules in patent infringement cases shape competition when intellectual property rights are probabilistic. I develop a simple model of oligopolistic competition to compare two main liability doctrines that have been used in the US to assess infringement damages – the unjust enrichment rule and the lost profit rule. It also points out the logical inconsistency in the concept of the “reasonable royalty rates” when intellectual property rights are not ironclad.

Keywords: probabilistic intellectual property rights; damage rules; reasonable royalty rates (search for similar items in EconPapers)
Date: 2006
New Economics Papers: this item is included in nep-com, nep-ino, nep-law and nep-mac
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Citations: View citations in EconPapers (1)

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