Reining in the rules for ‘lost profits’ damages in patent law

2019 ◽  
Vol 9 (4) ◽  
pp. 364-391
Author(s):  
Moshood Abdussalam
Keyword(s):  
Social Welfare ◽  
Current Model ◽  
Patent Law ◽  
Patent System ◽  
True Nature ◽  
Contemporary State ◽  
The Social ◽  
The Face ◽  
State Of Affairs ◽  
Lost Profit

The thesis of this paper is that the prevailing model governing the computation of patent lost profits damages in Commonwealth jurisdictions does not align well with the true nature of the patent system and is therefore apt to derail the social welfare intendments of the system. The article makes this argument based on two principal considerations. The first is that the current model encourages judicial speculation on patentees' compensatory entitlement, thereby creating room for inherent lottery or windfall effects for patentees. The second, which advances the first, is that the prevailing model flies in the face of both the contemporary state of innovation and the social welfare objectives of the patent system. The submission of this paper is that to correct this state of affairs, where patented goods have perfect and imperfect market substitutes, then reasonable royalties alone are sufficient as a monetary remedy. However, where patented goods have ‘zero’ market substitutes (ie where the infringer could not have competed without infringing), only then would it be proper to apply lost profit damages.

scholarly journals Polish Migration Policy in the Context of the Migration Crisis

2020 ◽  
Vol 24 (3) ◽  
pp. 85-108
Author(s):  
Małgorzata Pacek
Keyword(s):  
Migration Policy ◽  
Direct Result ◽  
The Social ◽  
Polish Migration ◽  
The Face ◽  
Migration Crisis ◽  
Societal Reaction ◽  
State Of Affairs ◽  
Integration Project ◽  
Political Economic

The migration crisis of 2015 has left its mark on many EU countries. Some, such as Greece or Spain, were countries on the front line. Others, namely Germany, Great Britain, and Sweden became destination countries for many newcomers. Some, like the countries of the Visegrad Group, opposed the actions and decisions of the EU made in the face of the crisis. European solidarity has become a big question mark and we can observe a serious upsetting of the whole integration project which is, of course, up for discussion. This state of affairs consisted of the attitudes towards the crises of such countries as Poland or Hungary, where anti-immigration and populist parties came to power, creating a vision of flexible solidarity on the European political scene. The purpose of this article is to analyse the Polish migration policy, show the direction of the changes in its construction along with the change of government and the societal reaction to strangers, as a direct result of actions taken by the ruling parties. It is important to understand the political, economic and social context of the changes occurring in the social consciousness and to attempt to formulate a forecast for the future.

The Rowdies of Darjeeling

2018 ◽  
pp. 135-153
Author(s):  
Mona Chettri
Keyword(s):  
Political Participation ◽  
Vital Role ◽  
The Political ◽  
Political Movements ◽  
Political Leaders ◽  
Contemporary State ◽  
The Social ◽  
State And Society ◽  
The Face ◽  
Per Se

‘Rowdies or rowdy’ refers to a person who fits somewhere between a gangster and a goon, not a criminal per se but prone to crime and violence, usually at the behest of political leaders. ‘Rowdies’ are the face of political movements, an integral and ubiquitous feature of Darjeeling politics. Their centrality to popular movements indicates a form of hill politics that challenges accepted notions of political participation, democracy, and mobilization. The essay engages in an assessment of the political culture of Darjeeling through the perspective of the ‘rowdies’ who are a product of the social, political, and material circumstances of postcolonial Darjeeling. It examines the vital role that ‘rowdies’ play in shaping the political terrain of the region and how their lives provide a context through which to understand contemporary state and society in Darjeeling.

scholarly journals The impact of the patent system on the social welfare: A critical view

2018 ◽  
Vol 14 (2) ◽  
pp. 253
Author(s):  
Gregorio Giménez
Keyword(s):  
Social Welfare ◽  
New Technologies ◽  
Innovation Policy ◽  
Free Market ◽  
Patent System ◽  
Barriers To Entry ◽  
Market Mechanisms ◽  
Critical View ◽  
The Social ◽  
The Impact

Purpose: This article offers a critical view of the impact of patents on economic activity.Design/methodology/approach: We develop two analytic innovation models. They help us to understand how the strength of the patent system affects 1) the industry profits 2) the social welfare.Findings: The strengthening of patent systems could cause a decline in the activities of imitation and, therefore, a decrease in competition, a reduction in the production and assimilation of new technologies and could create barriers to entry into technology-intensive sectors, increasing the costs of production. We will show that a lower strength patent system and an increase in the activities of imitation can i) increase the benefits to industry as a whole ii) lead to greater social surplus.Originality/value and social implications: Much of the literature on innovation has traditionally seen imitation processes as harmful to the development of new technologies, and detrimental to the welfare of consumers, producers and society at large. That is why policies aimed at strengthening the patent system and discouraging imitation processes are associated with improvements in social welfare, —fostering innovation, trade, foreign investment and technology transfer—. However, our findings should lead us to rethink how optimal innovation policy should be designed. The problems associated with restrictions on the free market involve costs that outweigh the social benefits that patents can provide. Market mechanisms can effectively reward innovators for being the first to bring a product into the market, without the need to grant a monopoly.

Chemical Reactions of Iodoform in the Study of Post-Extraction Alveolites

2017 ◽  
Vol 68 (10) ◽  
pp. 2378-2381
Author(s):  
Cristian Budacu ◽  
Mihai Constantin ◽  
Iulia Chiscop ◽  
Carmen Gabriela Stelea ◽  
Raluca Dragomir
Keyword(s):  
Healing Process ◽  
Maxillofacial Surgery ◽  
Post Treatment ◽  
Dental Extraction ◽  
Oral And Maxillofacial Surgery ◽  
Key Factors ◽  
Mucosal Regeneration ◽  
Prophylactic Measures ◽  
The Social ◽  
The Face

Post-operative alveolitis is a topical issue in dental practice, which is also reflected by the etiopathogenic aspects. The conservative principle requires the maintenance of dento-periodontal units in the arch for as long as possible, but there are situations where dental extraction is required. The healing process of the post-surgical wound is complex and involves processes of gingival mucosal regeneration and bone reshaping, involving several local factors: wound size, presence of infection, alveolar vascularization, intraalveolar foreign bodies, and general factors, especially general condition, age and body reactivity. The quality, structure, maintenance, and retraction of the clot are key factors in the formation of connective tissue during the healing of the post-extraction would. At the Oral and Maxillofacial Surgery Clinic of Gala�i, during a 2-year period between January 2015 and December 30, 2016, 2780 patients that required surgery - dental extraction were consulted and diagnosed. We found that among those 2780 patients with dental extractions 105 (3.77%) had post-treatment alveolitis. No post-surgical alveolitis from the case study was complicated by osteomyelitis of the jaws or by suppurations of the superficial or deep compartments of the face. The prophylactic measures in each dental extraction, together with the correct and timely curative treatment, combined with the dentist�s competence and responsibility, can shorten the time of suffering, actively combating the risk factor and accelerating the social reintegration of the patient with post-treatment alveolitis.

An Analytical Exposition of the Social Welfare Role of Wealth in Islam

2015 ◽  
Author(s):  
Ahmad Bello Dogarawa ◽  
Suleiman Muhammad Hussain
Keyword(s):  
Social Welfare ◽  
The Social

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

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