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Controversy over the economic justifications for patent protection

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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 known 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, 2013. "Controversy over the economic justifications for patent protection," EconStor Conference Papers 127476, ZBW - Leibniz Information Centre for Economics.
    • Handle: RePEc:zbw:esconf:127476
    DOI: 10.1016/S2212-5671(13)00047-6
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    References listed on IDEAS

    as
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    5. 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.
    6. 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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    8. Baumol, William J., 1996. "Entrepreneurship: Productive, unproductive, and destructive," Journal of Business Venturing, Elsevier, vol. 11(1), pages 3-22, January.
    9. 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)

    Citations

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    Cited by:

    1. Karbowski, Adam, 2018. "Patents and Enterprise Innovation in Network Industries," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, pages 53-61.
    2. Karbowski, Adam & Prokop, Jacek, 2015. "Patent hold-up and royalty stacking: the case of multiple downstream firms," EconStor Conference Papers 127475, ZBW - Leibniz Information Centre for Economics.
    3. Adam Karbowski, 2017. "Kontrowersje związane z moralnym uzasadnieniem ochrony patentowej w biotechnologii / Controversies over the Moral Justification for Patent Protection in Biotechnology," Annales. Ethics in Economic Life, University of Lodz, Faculty of Economics and Sociology, vol. 20(1), pages 83-94, February.
    4. Shelton T. Mota Makore & Patrick C. Osode & Nombulelo Lubisi, 2021. "Re-Configuring South African Patent Laws In Search Of An Afrocentric Approach For Expanding Access To Essential Patented Medicines In The Covid-19 Era," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(3), pages 267-289, December.
    5. 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.
    6. Adam Karbowski, 2021. "Unproductive entrepreneurship and patents," Bank i Kredyt, Narodowy Bank Polski, vol. 52(5), pages 473-494.

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    More about this item

    Keywords

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

    JEL classification:

    • O32 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Management of Technological Innovation and R&D
    • 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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