Research Handbook on Empirical Studies in Intellectual Property Law

Edited by Estelle Derclaye, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK

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.

‘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

在这collecti发人深省on, 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