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4 - Efficiency and Equity

Published online by Cambridge University Press:  24 January 2022

Patrick R. Goold
Patrick R. Goold
Affiliation:
City Law School, University of London
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Summary

Negligence is a more efficient liability rule than strict liability. Under a negligence liability rule, all parties (owners and users) will be incentivised to adopt reasonable, cost-justified, and non-excessive care to avoid infringements. This will minimise the overall social cost imposed by accidents. At the same time, introducing a negligence liability rule will distribute creative risk more equitably leading to a more just and attractive culture.

Keywords

Minimising social costincentives for bilateral careequitable distribution of cultural riskeconomicsefficiency
Type
Chapter
Information
IP Accidents
Negligence Liability in Intellectual Property
 , pp. 51 - 81
Publisher: Cambridge University Press
Print publication year: 2022

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