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A Unifying Theory of Copyrights and Patents

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  • Richard Watt

Abstract

Over the recent past, technological advances (among other effects) have opened a grey area of intellectual property that cannot be properly covered by either of the two existing legal regimes, patent and copyright. Some innovations do not fall easily into either regime, while others seem to fall into both. In this paper it is argued that it may be possible to define a single body of law that can be molded to fit all types of intellectual product. This idea is not new - it was suggested in the legal literature some 12 years ago - but it seems to have been ignored. In the current paper, the argument goes beyond the simple suggestion that the two existing regimes could be unified, and suggests that the degree of protection that is granted could usefully be made a choice variable for creators, at a price. This is nothing more than the imposition of a Pigouvian tax system to cater for the externality that legal protection implies for society.

Suggested Citation

  • Richard Watt, 2005. "A Unifying Theory of Copyrights and Patents," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 12(3), pages 389-402.
  • Handle: RePEc:taf:ijecbs:v:12:y:2005:i:3:p:389-402
    DOI: 10.1080/13571510500300611
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    References listed on IDEAS

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    1. Anton, James J & Yao, Dennis A, 1994. "Expropriation and Inventions: Appropriable Rents in the Absence of Property Rights," American Economic Review, American Economic Association, vol. 84(1), pages 190-209, March.
    2. de Laat, Paul B., 2000. "Patenting mathematical algorithms: What's the harm?: A thought experiment in algebra," International Review of Law and Economics, Elsevier, vol. 20(2), pages 187-204, June.
    3. David D. Friedman & William M. Landes & Richard A. Posner, 1991. "Some Economics of Trade Secret Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 61-72, Winter.
    4. Stanley M. Besen & Leo J. Raskind, 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.
    5. Francesca Cornelli & Mark Schankerman, 1999. "Patent Renewals and R&D Incentives," RAND Journal of Economics, The RAND Corporation, vol. 30(2), pages 197-213, Summer.
    6. Suzanne Scotchmer, 1999. "On the Optimality of the Patent Renewal System," RAND Journal of Economics, The RAND Corporation, vol. 30(2), pages 181-196, Summer.
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    Keywords

    Copyright; Patent; Pigouvian Tax;
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