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31 results

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  • The Intersection between Economic Justifications for IP Rights and Cost of Enforcement in the English Courts
  • from PART V - REMEDIES IN CONTRACT LAW AND INTELLECTUAL PROPERTY
    • By
  • Edited by Franz Hofmann, Franziska Kurz
  • Book: Law of Remedies
  • Published by: Intersentia
  • Published online: 09 November 2019
  • Print publication: 30 September 2019, pp 275-286
  • View extract

    Summary

    INTRODUCTION

    This chapter is a written report of a presentation given by the author in October 2018 at the University of Erlangen conference on ‘Themes and Controversies in EU IP Remedies’. The chapter takes a different approach to the many other excellent papers that were presented at the conference. This difference in approach reflects the author's background as a barrister practising in IP (intellectual property) litigation in the UK. What follows here arises from what the author has observed in over 10 years of litigation experience in intellectual property – not only in the UK, but also in the US and other EU jurisdictions. Whilst this chapter is addressed primarily from the viewpoint of someone practising in England, it must be made it clear that this is essentially an anecdotal view, although, it reflects the views of many practitioners the author has spoken to in every major jurisdiction where IP rights are litigated. It is therefore certainly not an English only problem. It is to be hoped that this discussion will encourage further research into this area.

    In summary, the author's view is that the actual mechanism of enforcing intellectual property rights through litigation in the English courts can sometimes, be economically inefficient when viewed in isolation – i.e. the cost of litigating a right can outweigh the value of the right in that one off case. As many IP rights exist because of an economic justification for their existence, their very raison d'etre is challenged if the ultimate mechanism for their enforcement by way of litigation is economically inefficient. Put simply, is the very existence of IP rights being challenged if the court systems cannot make enforcing them economically efficient? This issue, and issues arising in relation to this, are addressed in this chapter.

    This discussion identifies a problem in certain cases. Different IP rights are afflicted by this potential problem to differing degrees. This chapter serves to raise the issue and start a debate, and therefore any generalisations made will, invariably, not be true of all cases or all IP rights.

    This chapter comprises four sections. Section 1 contains a brief overview of the principles relating to the calculation of financial remedies and injunctive relief for IP rights under English Law.

  • Evaluating the influences of temperature, primary production, and evolutionary history on bivalve growth rates
  • James Saulsbury, David K. Moss, Linda C. Ivany, Michał Kowalewski, David R. Lindberg, James F. Gillooly, Noel A. Heim, Craig R. McClain, Jonathan L. Payne, Peter D. Roopnarine, Bernd R. Schöne, David Goodwin, Seth Finnegan
  • Journal: Paleobiology / Volume 45 / Issue 3 / August 2019
  • Published online by Cambridge University Press: 21 August 2019, pp. 405-420
    • Article
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    Organismal metabolic rates reflect the interaction of environmental and physiological factors. Thus, calcifying organisms that record growth history can provide insight into both the ancient environments in which they lived and their own physiology and life history. However, interpreting them requires understanding which environmental factors have the greatest influence on growth rate and the extent to which evolutionary history constrains growth rates across lineages. We integrated satellite measurements of sea-surface temperature and chlorophyll-a concentration with a database of growth coefficients, body sizes, and life spans for 692 populations of living marine bivalves in 195 species, set within the context of a new maximum-likelihood phylogeny of bivalves. We find that environmental predictors overall explain only a small proportion of variation in growth coefficient across all species; temperature is a better predictor of growth coefficient than food supply, and growth coefficient is somewhat more variable at higher summer temperatures. Growth coefficients exhibit moderate phylogenetic signal, and taxonomic membership is a stronger predictor of growth coefficient than any environmental predictor, but phylogenetic inertia cannot fully explain the disjunction between our findings and the extensive body of work demonstrating strong environmental control on growth rates within taxa. Accounting for evolutionary history is critical when considering shells as historical archives. The weak relationship between variation in food supply and variation in growth coefficient in our data set is inconsistent with the hypothesis that the increase in mean body size through the Phanerozoic was driven by increasing productivity enabling faster growth rates.

The Good Politician
  • The Good Politician
  • Folk Theories, Political Interaction, and the Rise of Anti-Politics
  • Nick Clarke, Will Jennings, Jonathan Moss, Gerry Stoker
  • Published online: 26 April 2018
  • Print publication: 26 April 2018
  • View description
    Surveys show a lack of trust in political actors and institutions across much of the democratic world. Populist politicians and parties attempt to capitalise on this political disaffection. Commentators worry about our current 'age of anti-politics'. Focusing on the United Kingdom, using responses to public opinion surveys alongside diaries and letters collected by Mass Observation, this book takes a long view of anti-politics going back to the 1940s. This historical perspective reveals how anti-politics has grown in scope and intensity over the last half-century. Such growth is explained by citizens' changing images of 'the good politician' and changing modes of political interaction between politicians and citizens. Current efforts to reform and improve democracy will benefit greatly from the new evidence and conceptual framework set out in this important study.

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