Research handbook on intellectual property licensing
In: Research handbooks in intellectual property
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In: Research handbooks in intellectual property
This study attempts to experimentally capture the effects of democratic reform of intellectual property (IP) and measure how a vote "against IP" can disappoint the most talented innovators and reduce their creativity. Contrary to expectations, the results show that such a vote increases overall creativity. Actually, the most talented innovators do not vote in favor of IP. Rather, those who vote in favor of IP are those who benefit relatively more from royalties. Surprisingly, no correlation is found between these two populations: the IP in our experiment seems not to reward the best players, but the players choosing an 'autarkic' strategy of relying on their own creationsand forego cross-fertilization with other players. These are not particularly brilliant players thatopt for a rent-seeking strategy that maximises gainsfromthe IP systemitself. There are plausible arguments to argue that this result is at least partly valid in the real world, especially for complexand highly sequential innovations where it has been proven that patent trolls and anti-competitivestrategies are important. These findings lead us not to recommend IP constitutional protections,because there are no major "tyranny from the majority" concerns.
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This study attempts to experimentally capture the effects of democratic reform of intellectual property (IP) and measure how a vote "against IP" can disappoint the most talented innovators and reduce their creativity. Contrary to expectations, the results show that such a vote increases overall creativity. Actually, the most talented innovators do not vote in favor of IP. Rather, those who vote in favor of IP are those who benefit relatively more from royalties. Surprisingly, no correlation is found between these two populations: the IP in our experiment seems not to reward the best players, but the players choosing an 'autarkic' strategy of relying on their own creationsand forego cross-fertilization with other players. These are not particularly brilliant players thatopt for a rent-seeking strategy that maximises gainsfromthe IP systemitself. There are plausible arguments to argue that this result is at least partly valid in the real world, especially for complexand highly sequential innovations where it has been proven that patent trolls and anti-competitivestrategies are important. These findings lead us not to recommend IP constitutional protections,because there are no major "tyranny from the majority" concerns.
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In: Daniel Gervais (ed.) The Future of Intellectual Property, ATRIP Research Handbook in Intellectual Property (Edward Elgar 2021)
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In: Chapter 6 in Intangible Cultural Heritage in International Law (Oxford University Press, 2013)
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Introduction to Economics -- Economics of Intellectual Property -- Patents -- Economics of copyright -- Trade Marks and Design Rights -- Trade Secrets and Other Rights -- Competition and Intellectual Property -- How Intellectual Property Delivers Value -- When Intellectual Property Delivers Value -- Determinants of Intellectual Property Value -- Intellectual Property and Intangibles Valuation Methodologies and Techniques -- Reporting and Accounting for Intellectual Property and Intangibles
In: Asian Case Research Journal (ACRJ), 2009
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Working paper
In: Research Handbook on Global Health Law, pp. 135-63, eds. G-L Burci & B. Toebes, Edward Elgar Pub., 2018
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In: in The Oxford Handbook of International Cultural Heritage Law , edited by Francesco Francioni and Ana Vrdoljak (Oxford University Press, 2020), pp. 459-482
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In: book chapter in Cristiana Sappa (ed.), 'Research Handbook on Intellectual Property and Inclusivity' (Elgar), Forthcoming
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In: New York University Law Review, Forthcoming
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In: https://doi.org/10.7916/D8D50NDQ
Long before the onset of the now-emblematic quarrel between England and Greece over the Parthenon marbles, nations and tribes have squabbled over the extraterritorial transfer of objects of purported cultural significance. Over the past few decades, however, there has been a dramatic increase in the number of cultural property repatriation claims, mostly targeting U.S. collections. The value of cultural artifacts is generated largely by the intellectual expression they manifest. Digital technologies make increasingly possible the creation of reproductions of even three-dimensional artifacts, which are indistinguishable from the originals. This development challenges our attributing value to the "aura" of the original renderings of tangible cultural artifacts. Stripped of their auras, the worth of these objects devolves to the sum of the value of the physical materials deployed in their creation, and that ascribed to the perceptible intellectual expression they contain. If we were to perceive cultural artifacts fundamentally as works of information rather than of tangible property, the location of the original instantiations of them would be of little significance. Three-dimensional technologies might soon permit source nations to retain the essential intellectual value of cultural artifacts found within their borders, while simultaneously capitalizing upon sales of the originals to collectors who will pay for their "aura."
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