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Regulating Scientific Research: Intellectual Property Rights and the Norms of Science

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

July 22, 1999

This article employs the burgeoning literature on law-and-norms theory to take a fresh look at the debate over patent rights in basic scientific research. After reviewing how the issue of patent rights in this research implicates not only intellectual property law but also research norms, it argues that patent policy has been insufficiently sensitive to contexts in which the central instrumental goals of patent law -- creation, disclosure, and development -- would be maximized not through stronger property rights but through norms that emphasize the public domain. Equally important, because of the relative imprecision of the law; the difficulty it often has in dealing with rapid technological change; and the poor access that legal actors often have to relevant technological information, formulating laws that reinforce and reflect efficient norms may be a better way of achieving creation, disclosure, and devlopment than the alternative of strictly legal change.

Number of Pages in PDF File: 99

JEL Classification: K39

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Date posted: October 29, 1999  

Suggested Citation

Rai, Arti K., Regulating Scientific Research: Intellectual Property Rights and the Norms of Science (July 22, 1999). Available at SSRN: https://ssrn.com/abstract=172032 or http://dx.doi.org/10.2139/ssrn.172032

Contact Information

Arti Kaur Rai (Contact Author)
Duke University School of Law ( email )
210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )
215 Morris St., Suite 300
Durham, NC 27701
United States

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