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State Intellectual Property

Dear Reader,

private market actors may, in particular in two different ways of benefit-governmental safeguards for intellectual property.

1. , they have the possibility for damage that causes the abuse of innovative and creative works to obtain compensation payments from state-imposed penalty fees. In the penalty fees apply economic theory, called User Charges or User Fees, as an important instrument for the maintenance and regulation of markets in which no rival (public) goods to be traded. This is known to include various forms of intellectual work products.
2. can draw one for the defense of valuable intellectual resources of the regulations on industrial property.

penalty fees

In the case of intellectual property of the State is pursuing different goals with positive charges. First and foremost, they act as a price to compensate replacement (allocation mechanism) for creative services to market imperfections. The survey of compulsory fees but might also help to remove eco-nomic distortions caused by abuse or potentially caused. The State or legally authorized institutions to attract players of sanctionable monetary compensation (fees) for expert users free of charge from the Possession, use, duplication and distribution of intellectual property. penalty charges are also brought into use when triggering the implementation of other protection measures, for example, through higher costs of control, negative effects would allocation. These conditions apply in particular to the protection of intellectual digitized goods. In Germany, in the media for several years hard charges to so-called collecting societies to lead. These include well-known examples such as

• as required by the fee collection center (GEZ) fee for the reception public service radio programs,
• Broadcasting, reproduction and distribution fees for copyrighted songs that are payable to the Society for Musical Performing and Mechanical Reproduction Rights (GEMA), and
• by the collecting society-word (VG-word) levied on the sales-of photocopiers and per copied page.

Intellectual legal

tried The State laws as rules defining and conditioning their release, to position the purchase and use of intellectual property. In contrast to the compulsory fee is the abuse of intellectual property, where he identified and fixed-tortfeasors may be charged, prosecuted and not against development institutions, the standard compensation payments tolerated or is released. For market actors should be increased so that the safety of the potential consequences of their actions.

pursued in this context, the State intends to simplify the search for suitable contractors and shorten negotiations for the design of supply contracts, that is, transaction costs allocation of processes to ring-VER-ren. With the penalty effect of laws can also treat any possible allocation distortions. Similar to the protective mechanism of forced fees must wrongdoer internalize negative external effects of the abuse and pay for skimmed positive externalities for the GE-called compensation, for example, by payment of damages. Thus, it is the state in principle possible to stop unwanted behaviors in whole or in part, to force the desired behavior of legal goods and factory use or encourage.

The statutory Ex-assurance, the use of intellectual property and exempt or prohibit the enforcement of compensation in case of violation of these rights, also can author and owner of higher returns, sometimes realize monopoly rents. This gives you incentives for future innovation projects and for the commercialization of already developed innovative and creative ideas.

In the following table the consideration of the various legal protections for intellectual property in a comparative presentation are summarized.

In the next blog: resource-based Protection mechanisms

process and information management