Intellectual Property as a Complex Adaptive System

This article aims to provide some elements of an evolutionary theory of property rights. It applies a systems-based capital-theoretic perspective to explain the formation and transformation of property rights structures. The approach emphasizes how entrepreneurs create capital combinations by connecting capital goods—defined widely to include property rights, such as patents—in their production plans. Their actions change complementarity relations between property rights as used in production. We treat the property rights structure as a complex adaptive system that exhibits increasing structural complexity as it evolves. Entrepreneurs discover gaps in the property rights system. As they organize production to exploit profit opportunities, entrepreneurs regroup existing intellectual property rights (IPR) into new modules, such as patent pools, that encapsulate more complex combinations of basic building blocks of intellectual property. A patent pool constitutes an interpolation of a new meso level within the macro IPR structure. We apply our framework to the first of the patent pools for digital video compression technology used in digital television and DVDs.