Värderingar vid immateriella intrång: En studie av det allmänna skadeståndet
(2007)Department of Law
- Abstract
- This study suggests different methods for understanding the application of the General Damages Rule in case of intellectual property rights infringements and assaults on trade secrets (umbrella term: intangible infringements). I examine which types of legal evaluations the General Damages Rule gives rise to when it is being enforced. By evaluations I have in mind how different types of values are being observed by the courts when deciding a case. Here I distinguish between two types of values. First, I consider those legal ideals preferred by the legislator and by general legal principles. Second, different legal ideals, as expressed through different theories of adjudication, are being observed. In doing so, one can understand the rule in... (More)
- This study suggests different methods for understanding the application of the General Damages Rule in case of intellectual property rights infringements and assaults on trade secrets (umbrella term: intangible infringements). I examine which types of legal evaluations the General Damages Rule gives rise to when it is being enforced. By evaluations I have in mind how different types of values are being observed by the courts when deciding a case. Here I distinguish between two types of values. First, I consider those legal ideals preferred by the legislator and by general legal principles. Second, different legal ideals, as expressed through different theories of adjudication, are being observed. In doing so, one can understand the rule in its context, thus one should be able to fully appreciate the emerging complexities when deciding a case in an intellectual property rights matter. The analysis shows us how the different values being upheld by the General Damages Rule - general principles of compensation and the system of Sole Rights, implicating a good political economy and an innovative society - can be weighed against each other. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1561276
- author
- Petersson, Magnus
- supervisor
- organization
- year
- 2007
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Allmän rättslära, Förmögenhetsrätt, Immaterialrätt, Rättsekonomi, Skadeståndsrätt
- language
- Swedish
- id
- 1561276
- date added to LUP
- 2010-03-08 15:55:27
- date last changed
- 2010-03-08 15:55:27
@misc{1561276,
abstract = {{This study suggests different methods for understanding the application of the General Damages Rule in case of intellectual property rights infringements and assaults on trade secrets (umbrella term: intangible infringements). I examine which types of legal evaluations the General Damages Rule gives rise to when it is being enforced. By evaluations I have in mind how different types of values are being observed by the courts when deciding a case. Here I distinguish between two types of values. First, I consider those legal ideals preferred by the legislator and by general legal principles. Second, different legal ideals, as expressed through different theories of adjudication, are being observed. In doing so, one can understand the rule in its context, thus one should be able to fully appreciate the emerging complexities when deciding a case in an intellectual property rights matter. The analysis shows us how the different values being upheld by the General Damages Rule - general principles of compensation and the system of Sole Rights, implicating a good political economy and an innovative society - can be weighed against each other.}},
author = {{Petersson, Magnus}},
language = {{swe}},
note = {{Student Paper}},
title = {{Värderingar vid immateriella intrång: En studie av det allmänna skadeståndet}},
year = {{2007}},
}