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The Patent Lawyer's Guide to Fascism: On Individual Autonomy and Private Law

38 Pages Posted: 7 Aug 2017 Last revised: 17 Oct 2017

Andrew C. Michaels

George Washington University Law School

Date Written: October 14, 2017

Abstract

The effects of the patent system on market concentration are often treated as an afterthought, if at all. This essay suggests that such effects are important and potentially worthy of more attention. A functional patent system, in part by reducing market concentration, may promote autonomy and reinforce an ethos of individualism which could tend to work against fascism's extreme nationalistic form of collectivism. This essay more generally advocates for greater focus on the ways in which private law could tend to work against certain preconditions for authoritarianism and totalitarianism.

Keywords: fascism, patents, autonomy, individualism, market concentration

Suggested Citation

Michaels, Andrew C., The Patent Lawyer's Guide to Fascism: On Individual Autonomy and Private Law (October 14, 2017). Available at SSRN: https://ssrn.com/abstract=3011618

Andrew C. Michaels (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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