Correlated Intellectual Property Rights : A Foundational Solution to the Problems of Patent Holdup and Patent Holdout

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Title: Correlated Intellectual Property Rights : A Foundational Solution to the Problems of Patent Holdup and Patent Holdout
Author: James, Ricky
Contributor organization: University of Helsinki, Faculty of Law
Doctoral Programme in Law
Helsingin yliopisto, oikeustieteellinen tiedekunta
Oikeustieteen tohtoriohjelma
Helsingfors universitet, juridiska fakulteten
Doktorandprogrammet i juridik
Publisher: Helsingin yliopisto
Date: 2018-12-14
Language: eng
Thesis level: Doctoral dissertation (monograph)
Abstract: This thesis advocates replacing the exclusive rights doctrine with the correlated rights doctrine in circumstances, where an integrated technological product requires the practice of several patents from multiple owners. The justification for application of the correlated rights doctrine is based upon the principles of equity and non-discrimination, which demand that every IP owner contributing innovations to a technological product is fully compensated for the value of their contribution. In the thesis the correlated rights doctrine is defined as: ‘When multiple parties have individual property claims on an inherently integrated property, each is legally entitled to their proportional share of the value of the property and the law should protect that share from being appropriated by others, including other owners and users.’ The need to replace the exclusive rights doctrine is demonstrated by the abuses of patent holdup and patent holdout, which can be regarded as manifestations of a mismatch between integrated innovation and the absolute foundations of IP law. As described in the thesis, both these abuses appropriate the rewards from nearly every integrated patent contributor and unjustly enrich only a few abusive entities. It is anticipated that an application of the correlated rights doctrine would effectively proscribe the practice of patent holdup, in addition to overturning the prevailing notion that integrated patent owners are entitled to only 20% of the value that their properties contribute to an integrated technological product. An application of the doctrine should also allow for the curtailment of patent holdout, which was initially a defensive measure tolerated by the courts to avoid the inequitable outcomes related to patent holdup. While the thesis advocates a doctrinal replacement, it does not advocate for changes in existing legislation. This is because an application of the correlated rights doctrine does not appear to breach existing legislation and may even be required under the of EU Law. Further although an application of the correlated rights doctrine may not be required under U.S law, its potential application is bolstered by the fact that it is an established U.S. legal doctrine which has been supported by the U.S. Supreme Court for over 100 years. Assuming that an application of the correlated intellectual property rights is adopted, it should facilitate a more equitable and efficient resolution of patent disputes, which will enhance innovative efforts by allowing all innovators to be fully rewarded for their contributions to advanced technological products.
Subject: Faculty of Law
Rights: Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.

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