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Fb2 The Economic Structure of Intellectual Property Law ePub

by Richard A. Posner,William M. Landes

Category: Business
Subcategory: Law
Author: Richard A. Posner,William M. Landes
ISBN: 0674012046
ISBN13: 978-0674012042
Language: English
Publisher: Belknap Press; First Edition (US) First Printing edition (November 28, 2003)
Pages: 448
Fb2 eBook: 1146 kb
ePub eBook: 1918 kb
Digital formats: docx azw lrf txt

a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran

Intellectual Property Law. William M. Eandes Richard A. Posner.

Intellectual Property Law. The Belknap Press of Harvard University Press. I. Cambridge, Massachusetts, and London, England 2003.

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Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book. Nicholas Thompson New York Sun 2003-12-10)

Richard A. Posner Judge, United States Seventh Circuit Court of Appeals Senior Lecturer, University of Chicago Law School. The Economic Structure of Intellectual Property Law (with William M. Landes). Frontiers of Legal Theory

Richard A. Economic Analysis of Law, 7th ed. The Little Book of Plagiarism. Not a Suicide Pact: The Constitution in a Time of National Emergency. Uncertain Shield: The . Intelligence System in the Throes of Reform. Remaking Domestic Intelligence. Frontiers of Legal Theory. Public Intellectuals: A Study of Decline. Economic Foundations of Private Law.

The economic structure of intellectual property law, William M. p. cm. Includes bibliographical references and index. ISBN 0-674-01204-6 1. Intellectual property-United States. 2. Intellectual property-Economic aspects. Posner, Richard A. II. Title. Other perspectives from which to view intellectual property law besides the economic can be found in the scholarly literature.

This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. At Bloomberg View, read Cass Sunstein’s look back on Richard Posner’s career and influence on American jurisprudence. Read a Harvard Magazine profile of Judge Posner. Follow the Becker–Posner Blog. Read Posner’s columns at The Atlantic.

William M.

by William M. Landes & The Honorable Richard A. Live where you fear to live. In its Annual Report 2003/2004, the German Council of Economic Experts launched a dual income tax. 53 MB·41,553 Downloads·New!, manufacturing and service requirements that govern their application. The properties of different steels. Materials for High Temperature Power Generation and Process Plant Applications. 59 MB·31,745 Downloads·New!

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).

Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.

This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.

Comments to eBook The Economic Structure of Intellectual Property Law
Simple fellow
My interest was in the patent system, so I am ONLY reviewing the two chapters on that topic (patents, and the closely related question of adjudication of patent cases in the Federal circuit). The chapter on patents was extremely disappointing. It is full of hypothetical examples of things that might happen, with no demonstration whatsoever that they do, no discussion of what impacts the law has on society, even very few citations of case law examples. As a physical scientist I expect people to confirm theory with data. The authors of this book do not seem to agree. There is no examination of productivity, economic growth, technological advancement, or any other sensible measure of social benefit as a function of the application of patent law. The chapter on the change in adjudication to the Federal courts at least shows a bit of data but is again focussed on a very narrow issue, and provides little illumination of the larger questions of how the law affects society. I'm not sure what the target audience of this book was, but it ain't me. If you're still inclined to waste money on this, contact me first, and I'll send my copy to you.
Agarus
Probably the best starting point for understanding the positive and negative economic effects of intellectual property protection. The book is a fairly easy read assuming an academic exposure to economics 101 and a working knowledge of IP law. I read it in two days over thanksgiving vacation as part preparation for a fall patents exam. The book covers the basic economic benefits of IP protection - incentive, information, reduction in search costs, etc. vs. the economic costs - rent seeking, transaction costs, dead weight loss, etc. Good introductory reading for law students, legislative aids, and aspiring lobbyists from the medical-industrial complex.

The book has three very slight weaknesses, inherent in the topic it covers. First, the book admits early on that its own analysis is something of an over-simplification. Unwarranted self-criticism. A better "criticism" is that the real world fits the exception more often than the general rules, and specific situations will most often require a deeper analysis. Lifesaving pharmaceuticals, internet postings, and talking dog collar inventions are distinct situations and really just beg distinct economic analyses.

The second weakness is the assumption that the primary justification for IP law is/should be economic efficiency, superceding moral rights or property rights. Overall, sustains the status quo thinking that the steelworker, the scientist, the engineers, the farmers are just economic units on a global chessboard - not humans, and not part of a communities social fabric. Ignore at your own peril.

Third criticism, not nearly a strong enough position on the horrific transaction and litigation costs associated with the patent system in the U.S. If we should learn anything from the current financial crisis, is that you are remiss not to sound the alarm loud enough when a system has become expensive, unweildy, and unsustainable. To be fair, significant treatment of these costs is somewhat outside the books thesis of providing simple economic analysis of IP protection; and, transaction costs are covered in th text. Nontheless, it seems to ignore the elephant in the room to not give a more in depth treatment of this subject.
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