Lecture 5 - Intellectual Property - 2

Question 1

What is the importance of Intellectual Property Remedies?

Answer 1

Intellectual Property had no roots in the common law so the idea of the publics good was that it could only be produced and provided by the government. Therefore regulation of IP such as copyright was only possible as an incident of censorship

Question 2

How did IP remedies originate?

Answer 2

In England, it was the task of the local bishop to watch for writings that violated the tenets of Christianity. With the advent of printing, bishops needed the help of government to regulate and violations. Henry VIII appointed Oxford and Cambridge to “police” book content which led the the universities going after each other

Question 3

How did IP remedies change over the years?

Answer 3

The “policing” was transferred to the “writers guild” that held a monopoly on regulation until 1710. during this time, authors had no rights or remedies as an work that was published was owned by the publisher and not the author. After 1710, you could face a private prosecution by the publisher for copying published work (first example of a “remedy”)

Question 4

What was the “standard” for prosecution of IP violations?

Answer 4

Strict liability, also known as “infringement”, was applicable to violation of patents, copyrights and trademarks. However, the remedies of “compensation” and injunction” came later through a series of precedents. Later, Canada inherited the English law, where the federal parliament’s jurisdiction handles IP violations through tort law.

Question 5

What are IP remedies associated with strict liability believed to result in?

Answer 5

Professor Gordon argues that this forces potential infringers to internalize their actions so that their targets will be incentivized to increase production. This emphasizes the link that these remedies have both private efficiency (IP owners) and social efficiency.

Question 6

What happens when “hidden information” is disclosed (becomes a public good)?

Answer 6

Some rival firms may face “strict liability” if they are caught in the “chain of disclosure” where as other rivals may benefit from it