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Controversy 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 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 - German National Library of Economics.
  • Handle: RePEc:zbw:esconf:127476
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    File URL: https://www.econstor.eu/bitstream/10419/127476/1/ICOAE_Karbowski.pdf
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    References listed on IDEAS

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    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. 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.
    9. Jean Tirole, 1988. "The Theory of Industrial Organization," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262200716, November.
    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.
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    Cited by:

    1. repec:ann:journl:v:20:y:2017:i:1:p:83-94 is not listed on IDEAS
    2. Karbowski, Adam & Prokop, Jacek, 2015. "Patent hold-up and royalty stacking: the case of multiple downstream firms," EconStor Conference Papers 127475, ZBW - German National Library of Economics.

    More about this item

    Keywords

    patents; intellectual property; restrictions on competition;

    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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