Abstract

http://ssrn.com/abstract=927261
 
 

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The Penguin's Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Intellectual Property Models


David W. Opderbeck


Seton Hall University - School of Law

August 2006


Abstract:     
The article provides a game theoretic political economy analysis of efforts to encode "open source" and "open access" intellectual property norms into public policy via the international intellectual property system. My game theory models are unique in that they account for three factors that previously have been overlooked in the literature: price elasticity of demand, the feasibility of open source production of a given technology product, and network effects.

This analysis suggests that the focus of some "open" intellectual property advocates on direct efforts to enact open source and open access norms into law has in some respects been misplaced. Based on my game theory models, I propose several new approaches towards a more open intellectual property system, including an "aperture" model of patent disclosure and a "regulatory" framework for copyright in scientific publishing, which might represent a tighter fit with the political economy of intellectual property.

Keywords: intellectual property, open source, open science, open access publishing, game theory, political economy, TRIPS, WIPO

working papers series


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Date posted: August 29, 2006  

Suggested Citation

Opderbeck, David W., The Penguin's Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Intellectual Property Models (August 2006). Available at SSRN: http://ssrn.com/abstract=927261

Contact Information

David W. Opderbeck (Contact Author)
Seton Hall University - School of Law ( email )
One Newark Center
Newark, NJ 07102-5210
United States
973-642-8496 (Phone)
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