Damages and Injunctions in Protecting Intellectual Property
比较了知识产权侵权中利润损失与不当得利两种损害赔偿规则，发现不当得利在保护专利持有人方面优于利润损失，尤其在专有研究工具领域，但结论因产品类型而异。
We investigate how liability rules and property rules protect intellectual property. Infringement might not be deterred under any of the enforcement regimes available. However, counterintuitively, a credible threat of infringement can actually benefit the patentholder. We compare the two doctrines of damages, lost profit (lost royalty) and unjust enrichment, and argue that unjust enrichment protects the patentholder better than lost royalty in the case of proprietary research tools. Both can be superior to a property rule, depending on how much delay is permitted before infringement is enjoined. For other proprietary products (end-user products, cost-reducing innovations), these conclusions can be reversed.