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Abstract Considers the efficiency effects of intellectual property rights (IPR), with a focus on patent rights. Specifically, it examines the dilemma facing policy‐makers in fostering innovation: how to reconcile the restrictions that intellectual property rights impose on the use of innovations—to encourage their creation by knowledge providers—with society's interest in maximum use of innovative products. First discusses two types of efficiency—static and dynamic—and the different considerations for achieving them. It then examines how IPR can influence the balance between the two types of efficiency. Next, it considers the options available under the TRIPS (Trade‐Related Aspects of International Property Rights) Agreement to increase either or both. Finally, it discusses the possibility of compulsory licensing as a means of increasing static efficiency.
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