tag:blogger.com,1999:blog-5574479.post1815000375074100228..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: IP Enforcement costs and SMEs: can you help?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-25968822289657132612009-09-10T10:35:04.002+01:002009-09-10T10:35:04.002+01:00As a lawyer trying to help SME in the IPR-jungle, ...As a lawyer trying to help SME in the IPR-jungle, I agree with Lord Justice Jacob saying:<br />‘But when it comes to woolly lines things are different. Then the deep pocket (and available management and other resources) of the large company will favour it against the SME. In practice a large company will more readily risk moving into a woolly line of a SME´s IPR than the other way round. The large company can afford the litigation costs, management time and risk of losing so much more readily. The result is this: woolly lines in IPR are unfair: they favour large enterprises against smaller ones…Legislators and judges (for judges do make law, albeit as Justice Holmes famously said, “incrementally”) should strive to avoid the former [woolly lines] and achieve the latter [brightlines]<br />( See Patents and Technological Progress in a Global World, Liber Amicorum Josef Straus, Springer-Verlag. 2009.)Anonymousnoreply@blogger.com