Economic And Management Perspectives On Intellectual Property Rights

This book provides a better understanding of how intellectual property can improve economic and business performance. It focuses on three particular issues: the valuation of patents, the transfer of knowledge, and the management of innovation and intellectual property. Scholars from leading worldwide institutions use quantitative methods and advanced survey techniques to explore the complex relationship between patents, innovation, venture capital and scientific research. The book focuses on three broad issues: the valuation of patents, the transfer of knowledge, and the management of innovation and intellectual property.

. . . a lovely little book which is full of telling points. Read it and you won t be disappointed. Jeremy Phillips, IPkat.com Meir Pugatch has done an excellent job by assembling an international and diverse cast of contributing authors, who have offered new insights into a broad span of the most pressing IP-related issues. . . a collection of high quality articles by eminent authorities on IPR is very useful for scholars in the academic fields of law, practitioners, and government officials interested in the field of international trade and intellectual property policy; intellectual property law, technology transfer and valuation and international business. Madhu Sahni, Journal of Intellectual Property Rights Intellectual property (IP) has become one of the most influential and controversial issues in today s knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

The book presents an impressive line-up of experts in the increasingly relevant field of law and economics, an area that has particular relevance to the issue of IP rights. . . an excellent collection of cutting-edge research. . . an essential read for those interested in the economic impact of IPRs. . . a highly recommended collection. Andrés Guadamuz, Journal of Intellectual Property Law and Practice Intellectual property policy has been framed too commonly in terms of refining and strengthening legal rights. As intellectual property grows in scope and importance, the limitations of this narrow approach have become all too apparent. This important collection puts the policy problems in proper perspective by assembling the work of leading scholars and researchers who examine intellectual property rights in terms of how they actually work in legal, economic, and institutional contexts. Brian Kahin, University of Michigan and formerly White House Office of Science and Technology Policy, US For a long time we have thought about IPRs as a policy instrument to avoid a "tragedy of commons". The essays collected by Birgitte Andersen show that in the XXI century economy there is another, and so far underestimated, danger: a sort of "tragedy of markets" where every knowledge or cultural expression becomes privatised. This will generate a greater knowledge and culture divide, with an increased corporate dominance. Those who are afraid of the dangers of exclusion and believe that open access to science, technology and culture will lead us in a more intriguing world will find convincing arguments and explanations in this volume. Daniele Archibugi, Italian National Research Council, Italy There is a growing need to understand the role of the regulation of intellectual property rights (IPRs), in order not only to achieve economic performance, growth and sustainable development at corporate, sectoral and global levels, but also to provide a higher quality of life for communities worldwide. Intellectual Property Rights is cutting edge in addressing current debates affecting businesses, industry sectors and society today, and in focusing not only on the enabling welfare effects of IPR systems, but also on some of the possible adverse effects of IPR systems. The main areas covered in the book are: the global commons in an era of corporate dominance and privatisation of the public domain, including science, culture, and healthcare under TRIPS the rationales for IPRs, and the importance of an appropriate design of an IPR regime in achieving its objectives opening the black box of IPR offices and critically reviewing how they affect economic performance in both theory and practice coordinating the institutions (state versus sector institutions, knowledge networks, innovation systems) creating and extracting financial and non-financial value from patents and copyrights. This book challenges the existing mainstream thinking and analytical frameworks dominating the theoretical literature on IPRs within economics, management, politics, law and regulation theory. It is relevant for policymakers, business analysts, industrial and business economists, researchers and students.

The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.

Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.

Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society". Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.

This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors -- engineers and scientists -- as well as financiers and economists. Written by experts with first-hand knowledge this book is completely up-to-date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs. For scientists, engineers, managers and financiers in the chemical industry.