ACE 592 LR Assignment 1
NetID: xl2 Name: Xu Li
Question 1: Discuss three economic rationales for having a patent system, and please provide examples to illustrate the rationales.
The three economic rationales are Market reward, Ex ante rationales, and Ex post rationales.
Market reward: A patent is a reward by the federal government that encourage inventive activity and promote disclosure of new technology. It gives the right to exclude others from making, using, or selling the invention. The patent could cause market reward directly because of the exclusion. For example, the apple has the most advanced computer visual patent. That help Apple successful in the PC market in the last century, also create the opportunity to compete with Microsoft …show more content…
Because of the economic reason, pollution is a challenging problem for whole human right now. In the Air Act of 1970 and Clean Water Action funded in 1972, those environmental controls were established to against the pollution. However, because the environmental laws could be violated under accidents or mistake and many federal environmental laws do not contain a limitation period to enforce, the environmental law would have a limitation on this pollution problem. Also, it is very difficult to asset the harm or influence by some pollution. In the Monsanto case, San Diego claims that Monsanto manufacture, promote and distribute PCBs, which is a chemical organic that harms human health. San Diego used a claim of public nuisance to against Monsanto by causing PCB pollution. The public nuisance is a nuisance when it involves annoyance, injury or danger to the public in general. In this case, the common law makes up the hole left by environmental law.
Another challenge is the waste disposal. IN the environmental law, the waste management law governs all manner of waste. This law is designed to minimize or eliminate the uncontrolled dispersal of waste. One of the programs is the Land Disposal Restrictions under the Resource Conservation and Recovery Act. The rules restrict the land disposal of hazardous waste without prior approved programs. However, this case is very similar with pollution. In some case, the environmental law cannot perform perfectly. Thus the common law, like a public nuisance or private nuisance would be a supplement to environmental
NetID: xl2 Name: Xu Li
Question 1: Discuss three economic rationales for having a patent system, and please provide examples to illustrate the rationales.
The three economic rationales are Market reward, Ex ante rationales, and Ex post rationales.
Market reward: A patent is a reward by the federal government that encourage inventive activity and promote disclosure of new technology. It gives the right to exclude others from making, using, or selling the invention. The patent could cause market reward directly because of the exclusion. For example, the apple has the most advanced computer visual patent. That help Apple successful in the PC market in the last century, also create the opportunity to compete with Microsoft …show more content…
Because of the economic reason, pollution is a challenging problem for whole human right now. In the Air Act of 1970 and Clean Water Action funded in 1972, those environmental controls were established to against the pollution. However, because the environmental laws could be violated under accidents or mistake and many federal environmental laws do not contain a limitation period to enforce, the environmental law would have a limitation on this pollution problem. Also, it is very difficult to asset the harm or influence by some pollution. In the Monsanto case, San Diego claims that Monsanto manufacture, promote and distribute PCBs, which is a chemical organic that harms human health. San Diego used a claim of public nuisance to against Monsanto by causing PCB pollution. The public nuisance is a nuisance when it involves annoyance, injury or danger to the public in general. In this case, the common law makes up the hole left by environmental law.
Another challenge is the waste disposal. IN the environmental law, the waste management law governs all manner of waste. This law is designed to minimize or eliminate the uncontrolled dispersal of waste. One of the programs is the Land Disposal Restrictions under the Resource Conservation and Recovery Act. The rules restrict the land disposal of hazardous waste without prior approved programs. However, this case is very similar with pollution. In some case, the environmental law cannot perform perfectly. Thus the common law, like a public nuisance or private nuisance would be a supplement to environmental