Adjudication without Frontiers
Edited by Horatia Muir Watt, Lucia Bíziková, Agatha Brandão de Oliveira and Diego P. Fernandez Arroyo
Chapter 10: Emerging global giants: the legal infrastructure and structural causes of economic monopoly: Samsung
Samsung controls a large part of the world market in electronics and related goods. In this respect, it provides a fascinating example of economy-wide specialisation in global value chains. The comments below look at the legal and institutional infrastructure that supports this situation of economic quasi-monopoly. One focuses on the power derived from intellectual property and looks at the anatomy of the recent high-profile smart phone dispute in the US Supreme Court. The other explores the makings of the corruption, bribery and political scandal that has dogged the footsteps of the chaebol electronics conglomerate as it takes off as a world player. It provides a perfect opportunity to compare the structural, political and cultural conditions in which similar phenomena affect emerging varieties and forms of monopolistic capitalism across the globe. In a high-profile patents case in US federal court, a jury found that various smartphones manufactured by Samsung infringed design patents owned by Apple Inc. These covered a ‘rectangular front face with rounded edges and a grid of colorful icons on a black screen’. Apple was awarded $399 million in damages – Samsung’s entire profit from the sale of its infringing smartphones. Under Section 289 of the Patent Act, a person who manufactures or sells ‘any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit’ (35 U.S.C. §289).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.