If transactions are considered as economic mechanisms guiding efficient resource allocation, then prices are the tools that determine the realization of this efficient allocation because ‘prices themselves can guide efficient economic decisions’ (Milgrom, P. (2020). Jiage lilun [Discovering prices] (Han, C. trans.). CITIC Publishing Group [Zhongxin Chubanshe]. 37.). Historically, there has been very little attention paid to price theory in China’s intellectual property law academia, and the few studies that exist mainly focus on abstract discussions of the aspect of ‘consideration’, with little concern to the more practical issue of how prices guide decisions (behavioural choices). Moreover, some important institutions and practical hotspots in intellectual property law such as compulsory (statutory) licensing, determination of licensing fees for standard-essential patents, whether to issue injunctions against infringement, and calculation of damages for infringement, all revolve around pricing issues. Therefore, this chapter aims to examine whether there are loopholes in the current intellectual property system or whether there are unreasonable aspects in rule design by reviewing the development and system of price theory and exploring how it functions in intellectual property transactions, thereby further enhancing awareness of the interaction between the system and behaviours.

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Price Theory in Intellectual Property Transactions

  • Ming Yang

摘要

If transactions are considered as economic mechanisms guiding efficient resource allocation, then prices are the tools that determine the realization of this efficient allocation because ‘prices themselves can guide efficient economic decisions’ (Milgrom, P. (2020). Jiage lilun [Discovering prices] (Han, C. trans.). CITIC Publishing Group [Zhongxin Chubanshe]. 37.). Historically, there has been very little attention paid to price theory in China’s intellectual property law academia, and the few studies that exist mainly focus on abstract discussions of the aspect of ‘consideration’, with little concern to the more practical issue of how prices guide decisions (behavioural choices). Moreover, some important institutions and practical hotspots in intellectual property law such as compulsory (statutory) licensing, determination of licensing fees for standard-essential patents, whether to issue injunctions against infringement, and calculation of damages for infringement, all revolve around pricing issues. Therefore, this chapter aims to examine whether there are loopholes in the current intellectual property system or whether there are unreasonable aspects in rule design by reviewing the development and system of price theory and exploring how it functions in intellectual property transactions, thereby further enhancing awareness of the interaction between the system and behaviours.