Intellectual Property and the Markets of Ideas

Abstract

This article summarizes the law and economics theory of IPRs, while at the same time suggests hints for further research. The standard literature on IPRs generally relies on the thesis of the incentive to create new ideas. Although this argument remains valid in the general case, in several circumstances it fails to take into account various consequences arising from the dynamic effect of IPRs on the market structure. The main conclusion is that the economic evaluation of IP based on a more suitable representation of creative contexts might reveal a different balance of welfare and lead to different policy indications.

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