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Are Intellectual Property Rights Evolving Towards the Enclosure of the ‘Intangible Commons’?

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  • Escalona Reynoso, Rafael

Abstract

Advancements in the areas of Information Technologies (IT) and the New Life Sciences (NLS) are helping redefine the boundaries of Intellectual Property Rights (IPRs). Although the fast growth of these technological areas may very well be fueled by the existence of the IPR system itself, in recent years there has been a shift in the IPR system moving "upstream" in the research cycle, a movement which may actually discourage future research innovation. This document addresses some of the most recent public policy issues surrounding IPRs and delves into the case of biotechnology (biotech) to provide examples of how advancements in this area are helping redefine concepts like ownership, property, and rights over things and ideas. Lastly, it presents arguments to suggest that in an era where information has become the most valuable asset, alternative forms of IPR protection in which numerous proprietors share rights simultaneously could help better promote a steady expansion of scientific activity and artistic expression.

Suggested Citation

  • Escalona Reynoso, Rafael, 2010. "Are Intellectual Property Rights Evolving Towards the Enclosure of the ‘Intangible Commons’?," MPRA Paper 42662, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:42662
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    File URL: https://mpra.ub.uni-muenchen.de/42662/1/MPRA_paper_42662.pdf
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    References listed on IDEAS

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    1. Keith Maskus & Jerome Reichman, 2004. "The Globalization Of Private Knowledge Goods And The Privatization Of Global Public Goods," Journal of International Economic Law, Oxford University Press, vol. 7(2), pages 279-320, June.
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    Cited by:

    1. Kox, Henk L.M., 2022. "Revisiting the knowledge-capital model of foreign direct investment: New multi-country evidence," MPRA Paper 114559, University Library of Munich, Germany, revised 14 Sep 2022.
    2. Kox, Henk L.M., 2023. "Testing an extended knowledge-capital model of foreign direct investment," MPRA Paper 117266, University Library of Munich, Germany.
    3. Kox, Henk L.M., 2022. "A micro-macro model of foreign direct investment: knowledge-based gravity forces, self-selection and third-country effects," MPRA Paper 115542, University Library of Munich, Germany.
    4. Kox, Henk L.M., 2022. "Linking the knowledge-capital model of foreign direct investment with national knowledge systems," EconStor Preprints 266495, ZBW - Leibniz Information Centre for Economics.
    5. Kox, Henk L.M., 2022. "Explaining foreign direct investment patterns: a testable micro-macro gravity model for FDI," MPRA Paper 115273, University Library of Munich, Germany.
    6. Kox, Henk L.M., 2022. "Testing the knowledge-capital model of foreign direct investment: New evidence," MPRA Paper 114177, University Library of Munich, Germany.

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    More about this item

    Keywords

    Intellectual Property Rights; Information Technologies; Biotech; systems; innovation; public policy; research cycles;
    All these keywords.

    JEL classification:

    • L16 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Industrial Organization and Macroeconomics; Macroeconomic Industrial Structure
    • O1 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development
    • O21 - Economic Development, Innovation, Technological Change, and Growth - - Development Planning and Policy - - - Planning Models; Planning Policy
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O32 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Management of Technological Innovation and R&D
    • O33 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • R5 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Regional Government Analysis
    • R58 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Regional Government Analysis - - - Regional Development Planning and Policy

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