Abstract
The traditional forced consensus approach of judicial decision-making in Europe has so far precluded considerations of economic policy in the application and development of IP and patent law. The comparative paradigm of the economic analysis of law that is widely practiced in the US shows that this legal theory has upgraded legal argumentation and judicial reasoning in various degrees of sophistication, helping the courts to contemplate the economic-social effects of their choices in advance. A gradual development of the economic analysis of law in Europe will reasonably improve legal reasoning, especially, in the substantive economic law subjects of IP and patents that will provide also necessary democratic safeguards in the operation of the existing, international and supranational decision-making systems that dominate these legal areas in the continent.
| Original language | English |
|---|---|
| Title of host publication | Legal Argumentation: Reasoned Dissensus and Common Ground |
| Editors | Eveline Feteris, Harm Kloosterhuis, H. Jose Plug, Carel Smith |
| Publication status | Published - 30 Apr 2024 |
Keywords
- CJEU
- EPO
- Intellectual Property
- Judicial Reasoning
- Patents
- Posner