38 Pages Posted: 7 Aug 2017 Last revised: 17 Oct 2017
Date Written: October 14, 2017
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: 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