scholarly journals An Introduction to the Law and Economics of Intellectual Property

1991 ◽  
Vol 5 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Stanley M Besen ◽  
Leo J Raskind
Keyword(s):  
Intellectual Property ◽  
Law And Economics ◽  
Trade Secret ◽  
Economic Research ◽  
Introductory Essay ◽  
Long Time ◽  
The Law ◽  
The Impact ◽  
Economic Tradeoffs ◽  
Property Regimes

Although economists have written on topics of intellectual property for a long time, the impact of economics on public policy in this area has been slight, especially as compared to the influence of professional writings in areas such as antitrust and taxation. We believe that too few of the profession's resources have been devoted to these issues and that, of those resources that have been employed, too few have been devoted to empirical analyses. We hope that this introductory essay and the three papers that follow will stimulate interest in this subject. This introductory essay first describes some of the basic economic tradeoffs involved in intellectual property law, and then describes the framework of the law in the six areas described above: patent, copyright, semiconductor protection, trademark, trade secret, and misappropriation. It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

29. Confidentiality and trade secrets

2019 ◽  
pp. 553-593
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Historical Development ◽  
Essential Elements ◽  
Trade Secrets ◽  
The Law ◽  
The Impact

This chapter discusses law on confidentiality and trade secrets. It covers the historical development of the law of breach of confidence; the three essential elements necessary in a claim for breach of confidence; remedies for breach of confidence; and the impact of the internationalization of the law of intellectual property.

Live Coding the Law: Improvisation, Code, and Copyright

2014 ◽  
Vol 38 (1) ◽  
pp. 77-89 ◽  
Author(s):  
Martin Zeilinger
Keyword(s):  
Intellectual Property ◽  
Electronic Music ◽  
Legal Theory ◽  
Patent Law ◽  
Programming Environments ◽  
Intellectual Property Policy ◽  
Improvised Music ◽  
The Law ◽  
Cultural Commons ◽  
Property Regimes

This article concerns the emerging creative practice of live coding (i.e., the real-time programming of electronic music in text-based programming environments), and explores how this practice can be deployed as a tactic of resistance against the overreach of restrictive intellectual property policy. I begin by surveying definitions of copyright and patent law, and related issues, to situate live coding in the field of existing perspectives on cultural ownership. Drawing on legal theory and critical discourse on improvised music in other genres, I then argue that the dynamic, palimpsestic, and improvisational qualities of live coding contradict many of copyright law's core assumptions regarding the nature of “fixed” works of art. These contradictions can be usefully mobilized for the purpose of resisting legal and economic enclosures of the digital cultural commons. As I conclude, live coding can, from its current, inherently ambivalent position on copyright matters, develop a strong, performance-based critical stance against the imbalances and shortcomings of intellectual property regimes and outdated notions of exclusive cultural ownership. Integrating artistic practices with ongoing and emerging critiques of intellectual property, such resistance can go a long way towards highlighting readily available opportunities to oppose and confound the law.

scholarly journals Principles of Responsibility of Actors of Unlawful Activities Economic Rights in Copyright

2020 ◽  
Vol 7 (8) ◽  
pp. 386
Author(s):  
Hisbullah Idris ◽  
L. Budi Kagramanto ◽  
Fajar Sugianto
Keyword(s):  
Intellectual Property ◽  
Trade Secret ◽  
Moral Rights ◽  
Economic Rights ◽  
Human Needs ◽  
Commercial Value ◽  
The Law ◽  
Human Intellect

God bestows spirit and reason to humans to be able to think, create, discover new things and perfect them to meet human needs both as individuals and as groups of society, which in turn gives birth to intellectual property. According to Nolo, Stim, Richard Intellectual property refers to the product of human intellect which has commercial value and is specifically protected by law. Intellectual property includes creative works, a wide variety of products, processes, images, inventions and services that are protected by patent, copyright, trademark or trade secret laws. The principle of Responsibility for Actions against the Law. Moral rights are the principle of responsibility with deliberate mistakes. The Principle of Responsibility for Unlawful Actions regarding the Cancellation of Copyright is the principle of responsibility. The Principle of Responsibility for Unlawful Acts regarding Abolition is the principle of absolute responsibility.

Hedging (into) Property?—Invisible Trade Secrets and International Trade in Goods

2021 ◽  
pp. 106-128
Author(s):  
Nari Lee
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Trade Secret ◽  
Property Right ◽  
Trade Secrets ◽  
Eu Directive ◽  
Balance Of Interests ◽  
The Law ◽  
Trade Secret Protection

Trade secrets can encompass all forms of intellectual property subject matter, as well as other types of data, information, and knowledge that may not meet the threshold of eligibility for intellectual property rights. Trade secret protection may be used to prolong existing exclusivity or to hedge the balance of interests that the law aims to seek through restrictions to such exclusivity. Against this backdrop, this chapter asks whether, and to what extent, the law of trade secrets can be used privately to create a regime of property rules in an age of digitised trading, using the recently adopted EU Directive on trade secrets as an example. It asks whether the forms of protection and enforcement required under the EU Directive make it a de facto property right, hedging a liability regime into a proprietary regime, which is created unilaterally by ensuring secrecy and by imposing a duty of confidence.

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