Accidental Infringement

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Presentation transcript:

Accidental Infringement Patrick Goold City University Accidental Infringement

Strict Liability or Negligence?

The Case for Negligence Preventing Accidents 1 Equity 2

User Incentives Owner Incentives Externalities Internalized Admin. Cost Error Cost Strict Yes No Low Moderate Negligence User only Strict + Con. Neg. Owner only High Negligence + Con. Neg.

Accidental Patent Infringement?

Strict Liability or Negligence?

Cost of Precaution (B) = Probability of Accident (P) x Loss (L) B> PL = Take less care B < PL = Take more care