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Intellectual Property Law

In: Handbook of Law and Economics

Author

Listed:
  • Menell, Peter S.
  • Scotchmer, Suzanne

Abstract

This chapter provides a comprehensive survey of the burgeoning literature on the law and economics of intellectual property. It is organized around the two principal objectives of intellectual property law: promoting innovation and aesthetic creativity (focusing on patent, trade secret, and copyright protection) and protecting integrity of the commercial marketplace (trademark protection and unfair competition law). Each section sets forth the economic problem, the principal models and analytical frameworks, application of economic analysis to particular structural and doctrinal issues, interactions with other legal regimes (such as competition policy), international dimensions, and comparative analysis of intellectual property protection and other means of addressing the economic problem (such as public funding and prizes in the case of patent and copyright law and direct consumer protection statutes and public enforcement in the case of trademarks).

Suggested Citation

  • Menell, Peter S. & Scotchmer, Suzanne, 2007. "Intellectual Property Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 2, chapter 19, pages 1473-1570, Elsevier.
    • Handle: RePEc:eee:lawchp:2-19
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    Citations

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

    1. Salzberger, Eli, 2011. "The dominant Law and Economics paradigm regarding “Intellectual Property" – a vehicle or an obstacle for innovation, growth and progress?," Ratio Working Papers 177, The Ratio Institute.
    2. Arai, Yasuhiro & Moriya, Fumitoshi, 2013. "Empirical Implications of Sequential Innovation and Legal Action," Working Paper Series 163, Center for Japanese Business Studies (HJBS), Graduate School of Commerce and Management Hitotsubashi University.
    3. Rey, Patrick & Salant, David, 2012. "Abuse of dominance and licensing of intellectual property," International Journal of Industrial Organization, Elsevier, vol. 30(6), pages 518-527.
    4. Tuomas Takalo, 2012. "Rationales and Instruments for Public Innovation Policies," Journal of Reviews on Global Economics, Lifescience Global, vol. 1, pages 157-167.
    5. Rockett, Katharine, 2010. "Property Rights and Invention," Handbook of the Economics of Innovation, in: Bronwyn H. Hall & Nathan Rosenberg (ed.), Handbook of the Economics of Innovation, edition 1, volume 1, chapter 0, pages 315-380, Elsevier.
    6. Davidson, Sinclair & Mohan, Vijay & Potts, Jason, 2020. "Location, taxation and governments: An exchange theory of intellectual property," Journal of Economic Behavior & Organization, Elsevier, vol. 169(C), pages 266-283.
    7. Fabrizi, Simona & Lippert, Steffen & Norback, Pehr-Johan & Persson, Lars, 2007. "Venture Capitalists, Asymmetric Information and Ownership in the Innovation Process," MPRA Paper 6265, University Library of Munich, Germany.
    8. Werner Hölzl, 2007. "Intellectual Property Rights, Innovation and European IPR Policy," Austrian Economic Quarterly, WIFO, vol. 12(1), pages 71-82, May.
    9. Salzberger Eli M., 2011. "The Law and Economics Analysis of Intellectual Property: Paradigmatic Shift From Incentives to Traditional Property," Review of Law & Economics, De Gruyter, vol. 7(2), pages 435-480, December.
    10. Engel, Christoph & Kleine, Marco, 2015. "Who is afraid of pirates? An experiment on the deterrence of innovation by imitation," Research Policy, Elsevier, vol. 44(1), pages 20-33.
    11. Anderson, Benjamin & Sheldon, Ian M., 2011. "Endogenous R&D Investment and Market Structure: A Case Study of the Agricultural Biotechnology Industry," 2011 Annual Meeting, July 24-26, 2011, Pittsburgh, Pennsylvania 107832, Agricultural and Applied Economics Association.

    More about this item

    Keywords

    Innovation; patent; copyright; trademark; trade secret; R&D; government funding; antitrust; licensing; goodwill;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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