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Kontrowersje związane z ekonomicznym uzasadnieniem ochrony patentowej
[Controversies over the economic justifications for patent protection]

Author

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  • Karbowski, Adam
  • Prokop, Jacek

Abstract

The objective of this paper is to show the necessity of reviving the debate on the economic justifications for patent protection. On the one hand, we see the need for the assessment of the overall welfare consequences of the existing systems of patent protection, and on the other hand, we believe that major changes to the patent law should be considered. Critical review of the discussion on patents shows that the weaknesses of many arguments for patent protection, as well as the resulting adverse effects of the patent laws have been know for a long time. The analysis of the strategic behavior of firms shows that patent protection has often been misused and may negatively affect the total welfare.

Suggested Citation

  • Karbowski, Adam & Prokop, Jacek, 2012. "Kontrowersje związane z ekonomicznym uzasadnieniem ochrony patentowej [Controversies over the economic justifications for patent protection]," MPRA Paper 73619, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:73619
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    File URL: https://mpra.ub.uni-muenchen.de/73619/1/MPRA_paper_73619.pdf
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    References listed on IDEAS

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    9. Karbowski, Adam, 2010. "Luka zasobowa w procesie tworzenia innowacji [Resource gap in the process of innovation creation]," MPRA Paper 73626, University Library of Munich, Germany.
    10. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
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    13. Horstmann, Ignatius & MacDonald, Glenn M & Slivinski, Alan, 1985. "Patents as Information Transfer Mechanisms: To Patent or (Maybe) Not to Patent," Journal of Political Economy, University of Chicago Press, vol. 93(5), pages 837-858, October.
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    Cited by:

    1. Adam Karbowski, 2020. "A Note on Patents and Leniency," Gospodarka Narodowa. The Polish Journal of Economics, Warsaw School of Economics, issue 1, pages 97-108.
    2. Karbowski, Adam, 2018. "Controversies over the moral justification for patent protection in biotechnology," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 21(5, Specia), pages 57-66.

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    More about this item

    Keywords

    patents; intellectual property rights protection; restrictions on competition;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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