Abstract

http://ssrn.com/abstract=702543
 
 

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A Marketplace for Ideas?


Oren Bar-Gill


New York University School of Law

Gideon Parchomovsky


University of Pennsylvania Law School; Bar Ilan University - Faculty of Law


Texas Law Review, Vol. 84, p. 397, 2005
NYU, Law and Economics Research Paper No. 05-28

Abstract:     
Traditionally, patent protection extended only to full-fledged inventions. In recent years, however, the legal landscape has changed. Patent law is gradually extending its reach to cover "embryonic inventions," and even naked ideas. This Essay has two goals. The first is to present an economic case against extending property rights to embryonic inventions and ideas. Specifically, this Essay argues that property rights in ideas will hinder technological progress. This Essay's second goal is to propose an alternative legal regime that would enhance innovation. To this end, this Essay contemplates the possibility of formalizing a very limited and narrow legal entitlement in ideas in order to establish a marketplace where ideas may be exchanged. After rejecting existing models of property and intellectual property protection as the foundation for a market for ideas, we propose an original market design that could enhance innovation without impoverishing the public domain.

Number of Pages in PDF File: 37

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Date posted: December 7, 2005  

Suggested Citation

Bar-Gill, Oren and Parchomovsky, Gideon, A Marketplace for Ideas?. Texas Law Review, Vol. 84, p. 397, 2005; NYU, Law and Economics Research Paper No. 05-28. Available at SSRN: http://ssrn.com/abstract=702543

Contact Information

Oren Bar-Gill (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6222 (Phone)
212-995-4590 (Fax)
Gideon Parchomovsky
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-1603 (Phone)
Bar Ilan University - Faculty of Law ( email )
Ramat Gan 52900
Israel
972-2-5317078 (Phone)
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