Study Guides (248,283)
Canada (121,453)
Economics (571)
ECO320H1 (22)

exam answers

7 Pages
Unlock Document

Donald Dewees

Last Updated 06102003 Property Rights1 SHORT ANSWER QUESTIONS Comment on the following 1 2002 Midterm 1a What are the costs and benefits associated with making patents more or less broad Both from the point of view of the inventor and society at large A See page 123 of the textbook or p129 of 3rd edition If the claim is too broad you dont get your patent either because someone else has already done something that fits your broad claim or because the court thinks you are claiming more than you invented Aside Morses sixth claim disallowed was for all ways of using electromagnetism to transmit letters and figures to a distanceand thus covered the fax EMail TV That was his idea the telegraph he had invented was simply one implementation of that idea The court didnt buy it If the claims are too narrow the patent is not worth much to the inventor and therefore the return to investment in innovation is too smallBroad patents discourage future innovation 2 2002 Midterm 1b Patent races If I make my invention a day before you do I get all the rights to it and as my competitor you get none Discuss the costs and benefits associated with this feature of the patenting system A This system of first to register gets all the rights encourages rent seeking patent races There is an incentive for inefficient competition to be first 3 2001 MidtermComment on the following A trade secret is information whose value to its possessor depends on its not becoming generally known Trade secret law defines the rights that the rightful possessor of a trade secret has against those who have obtained the secret wrongfully through breach of contract say or an employees violation of his duty of loyalty or a trespass It permits him to collect damages based on his loss or the misappropriators gain Sometimes but not always it permits him to enjoin use of the secret by someone who received it from the guilty party An injunction will ordinarily not be available against a third party who could not be expected to have known that the trade secret was stolen and has taken actions such as building a factory using the secret that would leave him worse off it enjoined than if he had never received the secret Unlike patent or copyright trade secret law does not provide protection against someone who has obtained the secret without the consent of the owner but without violating his legal rights for example by1
More Less

Related notes for ECO320H1

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.