Intellectual Property in the Cathedral

ACCESS CHALLENGES IN THE 21ST CENTURY, Dana Beldiman, et al. eds., 2013

UC Irvine School of Law Research Paper, 2012-77

13 Pages Posted: 2 Nov 2012 Last revised: 30 Nov 2012

See all articles by Dan L. Burk

Dan L. Burk

University of California, Irvine School of Law

Date Written: November 1, 2012

Abstract

A variety of commentators have called for the increased application of liability rules, including compulsory licenses, to intellectual property. Such arguments are well taken, but unfortunately stop short of advocating the full range of potential intellectual property entitlement allocations. Property theory offers a range of allocative structures, including reverse liability rules and “put”-type entitlements that could be beneficially applied to intellectual property. This chapter describes several such rules and argues for their consideration in the canon of intellectual property entitlements.

Keywords: property rules, liability rules, compulsory licenses, patents, intellectual property, call, put, options

JEL Classification: D23, H41, K11, O31, O34

Suggested Citation

Burk, Dan L., Intellectual Property in the Cathedral (November 1, 2012). ACCESS CHALLENGES IN THE 21ST CENTURY, Dana Beldiman, et al. eds., 2013; UC Irvine School of Law Research Paper, 2012-77. Available at SSRN: https://ssrn.com/abstract=2170093

Dan L. Burk (Contact Author)

University of California, Irvine School of Law ( email )

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Irvine, CA 92697-1000
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949-824-9325 (Phone)

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