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

Author

Listed:
  • 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
    as

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    File URL: https://mpra.ub.uni-muenchen.de/73619/1/MPRA_paper_73619.pdf
    File Function: original version
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    References listed on IDEAS

    as
    1. Mill, John Stuart, 1848. "Principles of Political Economy (II): Distribution," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 2, number mill1848-2.
    2. Gowdy, John M., 2004. "Altruism, evolution, and welfare economics," Journal of Economic Behavior & Organization, Elsevier, vol. 53(1), pages 69-73, January.
    3. Claude Crampes & Corinne Langinier, 1998. "Information Disclosure in the REnewal of Patent," Annals of Economics and Statistics, GENES, issue 49-50, pages 265-288.
    4. Corinne Langinier, 2005. "Using patents to mislead rivals," Canadian Journal of Economics, Canadian Economics Association, vol. 38(2), pages 520-545, May.
    5. Mill, John Stuart, 1848. "Principles of Political Economy (III): Exchange," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 3, number mill1848-3.
    6. repec:adr:anecst:y:1998:i:49-50:p:10 is not listed on IDEAS
    7. 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.
    8. 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.
    9. Mill, John Stuart, 1848. "Principles of Political Economy (I): Production," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 1, number mill1848-1.
    10. Baumol, William J., 1996. "Entrepreneurship: Productive, unproductive, and destructive," Journal of Business Venturing, Elsevier, vol. 11(1), pages 3-22, January.
    11. repec:adr:anecst:y:1998:i:49-50 is not listed on IDEAS
    12. Mill, John Stuart, 1848. "Principles of Political Economy (V): On the Influence of Government," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, volume 5, number mill1848-5.
    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.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    patents; intellectual property rights protection; restrictions on competition;

    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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