Research Handbook on Empirical Studies in Intellectual Property Law


Research Handbook on Empirical Studies in Intellectual Property Law

9781802206203 Edward Elgar Publishing
Edited by Estelle Derclaye, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK
Publication Date: 2023 ISBN: 978 1 80220 620 3 Extent: 436 pp
This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.

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This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.

By combining research from both leading experts and up-and-coming scholars, this expansive Research Handbook examines the four main intellectual property rights: patent, trademark, design and copyright, as well as trade secrets. Chapters provide cutting-edge empirical data and projections on legislation and case law, using quantitative and qualitative methods, including surveys, interviews, descriptive and inferential statistics.

The Research Handbook on Empirical Studies in Intellectual Property Law will be highly beneficial for scholars and advanced students of intellectual property, in both legal and economic disciplines, and will inspire new research directions. Practitioners and policymakers will also be interested as the chapters offer statistics on which client advice and policymaking can be based.
Critical Acclaim
‘The Research Handbook on Empirical Studies in Intellectual Property Law makes a welcome and timely contribution to the field given increasing interest in using empirical methods to study IP law and its effect on innovation, competition, and access to knowledge. The Handbook shows how empirical methods contribute to knowledge and can complement and refine theoretical or normative arguments about IP. The Research Handbook is a valuable resource for scholars, policymakers, and practitioners in the field.''
– Matthew Sag, Emory University, US

‘In this thought-provoking collection, Professor Derclaye and an expert cast of contributors showcase the importance of empirical methods for specific types of intellectual property questions. Empirical legal research prioritises the importance of law in action, in turn feeding into judicial deliberation and evidence-based policymaking. These pages contain rich pickings, both qualitative and quantitative. The reader will find studies of litigation strategies as well as appellate adjudication trends, alongside scholarship tracing the ripple effects of landmark decisions in subsequent doctrine. For registration ecosystems, there are revelations on the strategic preferences of patent applicants, registered design survival rates when challenged and the uses to which trade mark registration data can be put. Qualitative research draws in the perspectives of users of the IP system, from the motivations of design applicants to how cultural institutions give practical form and substance to fuzzy copyright exceptions. The relatively unfamiliar-because-undocumented topic of licensing practices is found within these pages, as are studies on remedies. Beyond this research providing empirical answers to discrete questions, the volume also contains valuable literature reviews synthesising the empirical research in individual domains, such as copyright. As one would expect, there is the expected attentiveness to methodology as well as the quality of data sources. This book will be valued not only for its breadth of subject matter coverage – plant varieties and trade secrets feature – but also its jurisdictional coverage, given the relative novelty of this mode of research. Undoubtedly a welcome and enduring reference point for all such future scholarship.’
– Dev S. Gangjee, University of Oxford, UK

‘This is a highly valuable reference work for those interested in empirical research in IP law. The collection showcases some fascinating empirical projects in the areas of patents, trade secrets, plant variety rights, copyright, trade marks and designs, primarily from the U.S., EU, Australia and China. The book also signposts avenues for future empirical research and provides useful lessons in how to tackle the challenges of different empirical methods.’
– Tanya Aplin, King''s College London, UK
Contributors: Mateo Aboy, Christoph Antons, Jane Cornwell, Ben Depoorter, Estelle Derclaye, Louise C. Druedahl, Ilanah Fhima, Deborah R. Gerhardt, Branislav Hazucha, Vicki Huang, Emily Hudson, Jon J. Lee, Mark P. McKenna, Timo Minssen, Pinai Nanakorn, Dianne Nicol, Jane Nielsen, Kylie Pappalardo, Jason Rantanen, Michael Risch, Jessica Silbey, Amrithnath Sreedevi Babu, Cameron Stewart, William van Caenegem, Esther van Zimmeren, Runhua Wang, Xianwei Zhang

Introduction xi
1 Studying patent infringement litigation 2
Jason Rantanen
2 Legal empirical studies of patenting and patent licensing practices 27
Esther van Zimmeren
3 The Australian ‘Valley of Death’? Australian research and patenting
practices in bioprinting and genome editing 47
Jane Nielsen, Dianne Nicol and Cameron Stewart
4 Plant variety protection and farmers’ rights in India and Indonesia 74
Christoph Antons and Amrithnath Sreedevi Babu

5 From patents to trade secrets 101
Michael Risch
6 Evidence-based IP research 120
Mateo Aboy, Louise C. Druedahl and Timo Minssen
7 Solving trade secret disputes in Chinese courts: some empirical evidence 137
Runhua Wang
8 A survey of empirical analysis of U.S. copyright law 165
Ben Depoorter
9 An empirical defence of expanded fair dealing in UK copyright law 176
Emily Hudson
10 Empirical methods for researching copyright in Australia 195
Kylie Pappalardo
11 Public views on disgorgement of profits in copyright law 217
Branislav Hazucha

12 The story of USPTO trademark data 240
Deborah R. Gerhardt and Jon J. Lee
13 An empirical study of the basis of refusal of EU trade marks for 3D marks 269
Ilanah Fhima
14 Trade marks law of Thailand and certain empirical incongruities 290
Piani Nanakorn
15 Empirical experiences in IP – conducting qualitative empirical research
in law and regulation 312
William van Caenegem

16 A qualitative method for investigating design 332
Mark P. McKenna and Jessica Silbey
17 Re-engaging with concerns over latent design invalidity: examination
and invalidation of registered Community designs at the EUIPO 347
Jane Cornwell
18 Empirical analysis of design litigation in Australia 367
Vicki Huang
19 Determination of ‘existing design’ in Chinese patent infringement disputes 386
Xianwei Zhang

Index 404
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