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Intellectual property and the markets of ideas

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Abstract

This paper attempts to systematise the law and economics theory as it relates to intellectual property rights, while at the same time suggesting new perspectives for analysis. The standard literature on IPRs relies essentially on the thesis of the incentive to create and/or disclose new ideas. However, although this argument doubtless remains valid in the general case, it fails to satisfactorily take into account various consequences arising from the new legal institutions and the specific technological context. One important such consequence is the dynamic effect of intellectual property rights on the market structure of the sectors involved, which can at times interfere with the original competitive processes, or even drastically alter them. An economic analysis based on these premises --though as yet fragmented and non systematic-- might reveal a different overall balance of welfare for the individual rights and therefore lead to different regulatory and policy indications

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Paper provided by Cattaneo University (LIUC) in its series LIUC Papers in Economics with number 161.

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Length: 20 pages
Date of creation: Dec 2004
Date of revision:
Handle: RePEc:liu:liucec:161

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  1. Anderson, Robert D, 1998. "The Interface between Competition Policy and Intellectual Property in the Context of the International Trading System," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 655-78, December.
  2. Hansmann, Henry & Santilli, Marina, 1997. "Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 95-143, January.
  3. Michele Boldrin & David Levine, 2002. "The Case Against Intellectual Property," American Economic Review, American Economic Association, vol. 92(2), pages 209-212, May.
  4. Arthur De Vany & W. Walls, 1999. "Uncertainty in the Movie Industry: Does Star Power Reduce the Terror of the Box Office?," Journal of Cultural Economics, Springer, vol. 23(4), pages 285-318, November.
  5. Armstrong, Mark, 1999. "Competition in the Pay-TV Market," Journal of the Japanese and International Economies, Elsevier, vol. 13(4), pages 257-280, December.
  6. Lerner, Josh & Tirole, Jean, 2001. "The open source movement: Key research questions," European Economic Review, Elsevier, vol. 45(4-6), pages 819-826, May.
  7. Ashish Arora & Alfonso Gambardella, 1997. "Public Policy towards Science : Picking Stars or Spreading the Wealth ?," Revue d'Économie Industrielle, Programme National Persée, vol. 79(1), pages 63-75.
  8. Hirshleifer, Jack, 1971. "The Private and Social Value of Information and the Reward to Inventive Activity," American Economic Review, American Economic Association, vol. 61(4), pages 561-74, September.
  9. Gilbert, Richard J & Newbery, David M G, 1982. "Preemptive Patenting and the Persistence of Monopoly," American Economic Review, American Economic Association, vol. 72(3), pages 514-26, June.
  10. Kitch, Edmund W, 1977. "The Nature and Function of the Patent System," Journal of Law and Economics, University of Chicago Press, vol. 20(2), pages 265-90, October.
  11. Choi, Jay Pil, 1998. "Brand Extension as Informational Leverage," Review of Economic Studies, Wiley Blackwell, vol. 65(4), pages 655-69, October.
  12. 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.
  13. 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.
  14. Landes, William M & Posner, Richard A, 1987. "Trademark Law: An Economic Perspective," Journal of Law and Economics, University of Chicago Press, vol. 30(2), pages 265-309, October.
  15. Kenneth Arrow, 1962. "Economic Welfare and the Allocation of Resources for Invention," NBER Chapters, in: The Rate and Direction of Inventive Activity: Economic and Social Factors, pages 609-626 National Bureau of Economic Research, Inc.
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Cited by:
  1. Jalles, João Tovar, 2010. "How to measure innovation? New evidence of the technology-growth linkage," Research in Economics, Elsevier, vol. 64(2), pages 81-96, June.
  2. Ramello, Giovanni B., 2007. "Access to vs. exclusion from knowledge: Intellectual property, efficiency and social justice," POLIS Working Papers 90, Institute of Public Policy and Public Choice - POLIS.

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