Taking Commercialisation Seriously

European Intellectual Property Review, Vol. 33, No. 4, 2011

San Diego Legal Studies Paper No. 11-050

6 Pages Posted: 16 Jan 2011 Last revised: 1 May 2013

Ted M. Sichelman

University of San Diego School of Law

Abstract

Other than a handful of scholars, the IP law community in the last 50 years has at worst ignored, and at best wrongly dismissed, concerns about the commercialisation of inventions and creative works. Specifically, the 'reward' theory of intellectual property - and not the ‘natural rights’ sort - became dominant. Under this view, only the knowledge (i.e., 'information') created during invention and creation is in need of direct legal protection; commercialisation will proceed efficiently without further IP protection. This opinion piece rejects such an approach and makes a renewed call for the consideration of commercialisation interests in IP scholarship.

Keywords: Patent, Copyright, Intellectual Property, Commercialization, IP Theory

JEL Classification: O34

Suggested Citation

Sichelman, Ted M., Taking Commercialisation Seriously. European Intellectual Property Review, Vol. 33, No. 4, 2011; San Diego Legal Studies Paper No. 11-050. Available at SSRN: https://ssrn.com/abstract=1740614

Ted M. Sichelman (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
(619) 260-7512 (Phone)
(619) 260-2748 (Fax)

HOME PAGE: http://https://www.sandiego.edu/law/faculty/profiles/bio.php?ID=795

Paper statistics

Downloads
171
Rank
143,093
Abstract Views
750