- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
Classical proofs for the efficiency of markets do not apply to innovation. Since the 1960s, economists have worked to construct a theoretical framework for deciding when patent incentives do and do not make society better off. This chapter reviews the literature’s main findings and asks how well the legal system implements them. It begins by reviewing how patents balance the benefits of faster innovation against the burden of monopoly. It then shows how these arguments change in more complicated models where patents must also coordinate effort across multiple independent inventors. It also asks how faithfully current patent doctrines implement economists’ insights in practice. It explores how our patents framework is extended to other bodies of law, including copyright, trademark, and competitions policy. Finally, it concludes with proposals for aligning current IP law more closely with theory.
Stephen M Maurer is Full Adjunct Professor of Public Policy and Director of the Goldman School Project on Information Technology and Homeland Security ("ITHS"), Goldman School of Public Policy, University of California Berkeley.
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