Commercializing Information with Intellectual Property

10 Pages Posted: 18 Oct 2013 Last revised: 1 Mar 2014

See all articles by Ted M. Sichelman

Ted M. Sichelman

University of San Diego School of Law

Date Written: October 16, 2013


In his article Exchanging Information Without Intellectual Property (91 Tex. L. Rev. 227 (2012)), Michael Burstein makes an important contribution to the literature by debunking a long-standing assumption underlying Nobel laureate Kenneth Arrow’s famous disclosure paradox -- namely, that the disclosure of information is an all-or-nothing game. In this regard, Burstein convincingly contends that the loud chant for broad and strong intellectual property rights based on “markets for technology” concerns about information appropriation in the context of licensing and related negotiations is not as resoundingly clear as its proponents claim. However, Burstein fails to justify his broader claim that his account of information exchange refutes commercialization theory more generally.

Keywords: patents, intellectual property, commercialization, commercialization theory, Arrow's Disclosure Paradox, information

JEL Classification: O34

Suggested Citation

Sichelman, Ted M., Commercializing Information with Intellectual Property (October 16, 2013). Texas Law Review See Also, Vol. 92, pp. 35-44, 2014, Available at SSRN:

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