IDEAS home Printed from https://ideas.repec.org/a/taf/ecinnt/v17y2008i4p377-400.html
   My bibliography  Save this article

Intellectual Property Rights In A Knowledge-Based Economy: A New Frame-Of-Analysis

Author

Listed:
  • Elad Harison

Abstract

The debate on software intellectual property rights (IPRs) has not only highlighted fundamental issues regarding the scheme of protection that software enjoys, it has also pointed out major gaps in the representation of computer programs as economic goods. In this respect, various interpretations of software propose a limited outlook by referring only to particular aspects of computer programs. The paper discusses the economic nature of software and computational processes and how they should be properly represented as commodities by focusing on software IPR legislation in the US. It elaborates the similarities and differences between software applications and machines on the basis of historical evidence from the evolution of information technologies and computer science. Further, we discuss whether computer programs should enjoy IPR protection (like their physical equivalents) and which legal regime would induce the maximal degree of societal benefits, while satisfying private and public interests. The paper also elaborates the essential issues of the distinction between ideas and expressions and the ways they are treated as intellectual property. It highlights major aspects in the debate over protection of software applications by both patents and copyrights and analyses the economic impact of the joint regime. By highlighting the dissimilarities in the economic nature and market behaviour of ideas and expressions we point out the difficulties in drawing parallels between software and physical equivalents. Finally, we provide alternative ways to establish coherent juridical basis and legal policy of software IPRs that aim at stimulating innovation and developing the technological landscape in information technologies.

Suggested Citation

  • Elad Harison, 2008. "Intellectual Property Rights In A Knowledge-Based Economy: A New Frame-Of-Analysis," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 17(4), pages 377-400.
    • Handle: RePEc:taf:ecinnt:v:17:y:2008:i:4:p:377-400
    DOI: 10.1080/10438590701281280
    as

    Download full text from publisher

    File URL: http://www.tandfonline.com/doi/abs/10.1080/10438590701281280
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1080/10438590701281280?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Babbage, Charles, 1832. "Economy of Machinery and Manufactures," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number babbage1832.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Cristiano, Antonelli & Ferraris, Gianluigi, 2009. "Innovation as an Emerging System Property: an Agent Based Model," Department of Economics and Statistics Cognetti de Martiis LEI & BRICK - Laboratory of Economics of Innovation "Franco Momigliano", Bureau of Research in Innovation, Complexity and Knowledge, Collegio 200911, University of Turin.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gilles, Robert P. & Pesce, Marialaura & Diamantaras, Dimitrios, 2020. "The provision of collective goods through a social division of labour," Journal of Economic Behavior & Organization, Elsevier, vol. 178(C), pages 287-312.
    2. Yang, Dan & Liu, Zimin, 2012. "Does farmer economic organization and agricultural specialization improve rural income? Evidence from China," Economic Modelling, Elsevier, vol. 29(3), pages 990-993.
    3. Jean-Louis Peaucelle, 2012. "Rhetoric and logic in Smith's Description of the Division of Labor," The European Journal of the History of Economic Thought, Taylor & Francis Journals, vol. 19(3), pages 385-408, May.
    4. David Simpson, 2013. "The Rediscovery of Classical Economics," Books, Edward Elgar Publishing, number 15080.
    5. Robert P. Gilles, 2018. "The Core of an Economy with an Endogenous Social Division of Labour," Papers 1809.01470, arXiv.org.
    6. Rafael Sacks, 2016. "What constitutes good production flow in construction?," Construction Management and Economics, Taylor & Francis Journals, vol. 34(9), pages 641-656, September.
    7. Scott, Susan V., 2010. "Understanding the characteristics of techno-innovation in an era of self-regulated financial services," LSE Research Online Documents on Economics 37867, London School of Economics and Political Science, LSE Library.
    8. Cockshott, Paul & Renaud, Karen, 2016. "Humans, robots and values," Technology in Society, Elsevier, vol. 45(C), pages 19-28.
    9. Pierre Desrochers, 2002. "Regional development and inter-industry recycling linkages: some historical perspectives," Entrepreneurship & Regional Development, Taylor & Francis Journals, vol. 14(1), pages 49-65, January.
    10. Bianchi, Patrizio & Labory, Sandrine, 2019. "Manufacturing regimes and transitional paths: Lessons for industrial policy," Structural Change and Economic Dynamics, Elsevier, vol. 48(C), pages 24-31.
    11. Achille Basile & Robert P. Gilles & Maria Gabriella Graziano & Marialaura Pesce, 2021. "The Core of economies with collective goods and a social division of labour," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 71(3), pages 1085-1119, April.
    12. Joseph Persky, 2017. "Producer co-operatives in nineteenth-century British economic thought," The European Journal of the History of Economic Thought, Taylor & Francis Journals, vol. 24(2), pages 319-340, March.
    13. Harro Maas, 2005. "Jevons, Mill And The Private Laboratory Of The Mind," Manchester School, University of Manchester, vol. 73(5), pages 620-649, September.
    14. LooSee Beh, 2011. "Book Review: Human Resource Economics: Issues and Perspectives, by Beatrice F.Y. Lee, Fumitaka Furuoka, Hj Kasim Hj Md Mansur and Roslinah Mahmud. Kota Kinabalu, Sabah: Universiti Malaysia Sabah, 2010," Institutions and Economies (formerly known as International Journal of Institutions and Economies), Faculty of Economics and Administration, University of Malaya, vol. 3(1), pages 155-156, April.
    15. Ugo Pagano, 2013. "Technical assets and property rights," Chapters, in: Anna Grandori (ed.), Handbook of Economic Organization, chapter 18, Edward Elgar Publishing.
    16. Nuvolari, A. & Verspagen, B., 2005. "'Unravelling the Duty': Lean�s Engine Reporter and Cornish Steam Engineering," Working Papers 05.14, Eindhoven Center for Innovation Studies.
    17. Li Fang, 2018. "The Dual Effects of Information Technology Clusters: Learning and Selection," Economic Development Quarterly, , vol. 32(3), pages 195-209, August.
    18. Katia Caldari, 2007. "Alfred Marshall's critical analysis of scientific management," The European Journal of the History of Economic Thought, Taylor & Francis Journals, vol. 14(1), pages 55-78.
    19. Oldham, Greg R. & Fried, Yitzhak, 2016. "Job design research and theory: Past, present and future," Organizational Behavior and Human Decision Processes, Elsevier, vol. 136(C), pages 20-35.
    20. Rajah Rasiah, 2011. "Book Review: Chips and Change: How the Crisis Reshapes the Semiconductor Industry, by Clair Brown and Greg Linden, Cambridge: MIT Press, 2009, pp. 257," Institutions and Economies (formerly known as International Journal of Institutions and Economies), Faculty of Economics and Administration, University of Malaya, vol. 3(1), pages 157-160, April.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:taf:ecinnt:v:17:y:2008:i:4:p:377-400. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Longhurst (email available below). General contact details of provider: http://www.tandfonline.com/GEIN20 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.