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\def\WIPO{World Intellectual Property Organisation}
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The Law and Economics of Intellectual Property in the Digital Age : The Limits of Analysis.
2012
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Details
Title
The Law and Economics of Intellectual Property in the Digital Age : The Limits of Analysis.
Item Type
Book
Description
1 online resource (305 pages).
ISBN
9781136249518 electronic book
Summary
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade's technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Note
Description based upon print version of record.
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade's technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade's technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Formatted Contents Note
Cover
Title
Copyright Page
Contents
Table of cases
Table of legislation
Acknowledgments
PART I: Intellectual property, law and economics
Introduction
1 Introduction to law and economics
1.1 The historical roots of law and economics
1.2 What is economic analysis of law?
1.2.1 What is economics?
1.2.2 The economic analysis of law
1.3 Shortcomings and challenges of the economic analysis of law
1.3.1 The overemphasis on normative analysis and the internal fallacy of law and economics
1.3.2 The assumptions of rationality and exogenous preferences.
1.3.3 Law and economics in a changing global environment
1.4 Conclusion
2 The rise of intellectual property
2.1 The rising significance of intellectual property
2.2 What is intellectual property?
2.3 Is intellectual property a property right?
2.4 The normative sources of intellectual property law
2.5 The law and economics of intellectual property
PART II: Normative analysis
3 The incentives paradigm
3.1 Market failure of public goods as the foundation of intellectual property law
3.1.1 Public goods analysis
3.1.2 Are incentives necessary?.
3.1.3 Incentives to create - the individual level
3.1.4 The need for incentives - the organization level
3.1.5 The rise of alternative modes of production and monetary incentives
3.1.6 Technological change and the need for incentives
3.1.7 Summary
3.2 Incentives for what?
3.2.1 Incentives to create or incentives to produce?
3.2.2 Incentives to create or incentives to improve?
3.2.3 Incentives to create or incentives to disclose?
3.2.4 Summary
3.3 Central intervention in the form of intellectual property rights.
3.3.1 Generating incentives by intellectual property rights
3.3.2 Alternative forms of incentives
3.3.3 Tailoring intellectual property rights
3.4 Conclusion
4 The proprietary model of intellectual property
4.1 The rise of the proprietary approach in the law and economics literature of IPR
4.2 The economic foundations of the proprietary approach: the 'tragedy of the commons'
4.2.1 The theory of Harold Demsetz
4.2.2 From the 'tragedy of the commons' in land to intellectual property
4.3 The proprietary paradigm of intellectual property - sources and main arguments.
4.3.1 The shift from incentives to proprietary regime as an escape
4.3.2 From incentives ex ante to incentives ex post and managing improvements
4.3.3 The shift to proprietary model by the founding fathers of law and economics
4.3.4 The normative analysis of the proprietary paradigm
4.4 A critical view of the proprietary approach
4.4.1 Can information be over-consumed?
4.4.2 Propertization of the commons and the anti-commons
4.4.3 Managing informational commons
4.4.4 The proprietary model and large scale collaborations.
4.4.5 Deconstructing traditional property and the proprietary paradigm of IP.
Title
Copyright Page
Contents
Table of cases
Table of legislation
Acknowledgments
PART I: Intellectual property, law and economics
Introduction
1 Introduction to law and economics
1.1 The historical roots of law and economics
1.2 What is economic analysis of law?
1.2.1 What is economics?
1.2.2 The economic analysis of law
1.3 Shortcomings and challenges of the economic analysis of law
1.3.1 The overemphasis on normative analysis and the internal fallacy of law and economics
1.3.2 The assumptions of rationality and exogenous preferences.
1.3.3 Law and economics in a changing global environment
1.4 Conclusion
2 The rise of intellectual property
2.1 The rising significance of intellectual property
2.2 What is intellectual property?
2.3 Is intellectual property a property right?
2.4 The normative sources of intellectual property law
2.5 The law and economics of intellectual property
PART II: Normative analysis
3 The incentives paradigm
3.1 Market failure of public goods as the foundation of intellectual property law
3.1.1 Public goods analysis
3.1.2 Are incentives necessary?.
3.1.3 Incentives to create - the individual level
3.1.4 The need for incentives - the organization level
3.1.5 The rise of alternative modes of production and monetary incentives
3.1.6 Technological change and the need for incentives
3.1.7 Summary
3.2 Incentives for what?
3.2.1 Incentives to create or incentives to produce?
3.2.2 Incentives to create or incentives to improve?
3.2.3 Incentives to create or incentives to disclose?
3.2.4 Summary
3.3 Central intervention in the form of intellectual property rights.
3.3.1 Generating incentives by intellectual property rights
3.3.2 Alternative forms of incentives
3.3.3 Tailoring intellectual property rights
3.4 Conclusion
4 The proprietary model of intellectual property
4.1 The rise of the proprietary approach in the law and economics literature of IPR
4.2 The economic foundations of the proprietary approach: the 'tragedy of the commons'
4.2.1 The theory of Harold Demsetz
4.2.2 From the 'tragedy of the commons' in land to intellectual property
4.3 The proprietary paradigm of intellectual property - sources and main arguments.
4.3.1 The shift from incentives to proprietary regime as an escape
4.3.2 From incentives ex ante to incentives ex post and managing improvements
4.3.3 The shift to proprietary model by the founding fathers of law and economics
4.3.4 The normative analysis of the proprietary paradigm
4.4 A critical view of the proprietary approach
4.4.1 Can information be over-consumed?
4.4.2 Propertization of the commons and the anti-commons
4.4.3 Managing informational commons
4.4.4 The proprietary model and large scale collaborations.
4.4.5 Deconstructing traditional property and the proprietary paradigm of IP.
Series
Routledge Research in Intellectual Property.
Available in Other Form
Print version: Elkin-Koren, Niva The Law and Economics of Intellectual Property in the Digital Age : The Limits of Analysis Florence : Taylor and Francis,c2012
Published
Florence : Taylor and Francis, 2012.
Language
English
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