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

43 Pages Posted: 7 Aug 2017 Last revised: 15 Dec 2017

Andrew C. Michaels

George Washington University Law School

Date Written: December 2, 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. Promotion of individual autonomy may be an under-recognized benefit of the patent system, suggesting a valuable lens through which to view not only patent law, but also private law in general.

Keywords: Fascism, Patents, Autonomy, Individualism, Market Concentration, Neoliberalism

Suggested Citation

Michaels, Andrew C., The Patent Lawyer's Guide to Fascism: On Individual Autonomy and Private Law (December 2, 2017). Available at SSRN: https://ssrn.com/abstract=3011618

Andrew Michaels (Contact Author)

George Washington University Law School ( email )

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

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