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If 'intellectual property rights' is the answer, what is the question? Revisiting the patent controversies

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Author Info
Birgitte Andersen
Abstract

A typology on the rationales for intellectual property rights (IPRs), primarily in relation to patents, is developed. The focus is on natural rights and moral rationales, economic incentive rationales, increased competition and 'market protection of entrepreneurial talent' rationales, and the economic rationales of organising science, technology and creativity. Whilst reviewing the controversies surrounding IPR legislation, the importance of this typology is justified. It will provide a good conceptual underpinning and analytical framework for achieving a finer empirical understanding of the social and economic effects of IPRs, and this understanding is urgently needed when designing policy fostering the knowledge-driven techno-economic paradigm in the twenty-first century.

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Article provided by Taylor and Francis Journals in its journal Economics of Innovation and New Technology.

Volume (Year): 13 (2004)
Issue (Month): 5 (July)
Pages: 417-442
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Handle: RePEc:taf:ecinnt:v:13:y:2004:i:5:p:417-442

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Related research
Keywords: Intellectual Property Rights (IPRs); Patents; Rationales; Typology; Policy;

References listed on IDEAS
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  2. Mazzoleni, Roberto & Nelson, Richard R., 1998. "The benefits and costs of strong patent protection: a contribution to the current debate," Research Policy, Elsevier, vol. 27(3), pages 273-284, July. [Downloadable!] (restricted)
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    Other versions:
  4. Besen, Stanley M & Raskind, Leo J, 1991. "An Introduction to the Law and Economics of Intellectual Property," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 3-27, Winter. [Downloadable!] (restricted)
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  6. Richard Gilbert & Carl Shapiro, 1990. "Optimal Patent Length and Breadth," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 106-112, Spring. [Downloadable!] (restricted)
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  7. Adam B. Jaffe & Manuel Trajtenberg, 2005. "Patents, Citations, and Innovations: A Window on the Knowledge Economy," MIT Press Books, The MIT Press, edition 1, volume 1, number 026260065x, December.
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