Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Innovation for the 21st Century (Paperback)
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Innovation for the 21st Century (Paperback)
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On their broadest level, the IP and antitrust laws aim to increase
societal welfare. But they do so in different ways. The foundation
of the IP system is the right to exclude. This right allows
inventors to recover their investment costs and to obtain profits.
Relatedly, it discourages "free riders" who imitate the invention
and - because they have no investment costs to recover - undercut
the price. The right to exclude, in short, is designed to increase
innovation. The very exclusion at the heart of IP nonetheless might
seem suspicious to antitrust, which focuses on harms to
competition. The antitrust laws presume that competition leads to
lower prices, higher output, and more innovation. They anticipate
that certain agreements between competitors or conduct by
monopolists prevents consumers from enjoying these benefits. In
Innovation in the 21st Century: Harnessing the Power of
Intellectual Property and Antitrust Law, Michael Carrier contends
that intellectual property and antitrust, the two most important
laws fostering innovation, are not being used most effectively to
achieve this goal and offers various proposals that individually
and collectively remedy this deficiency.
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