Intellectual Property

31 Pages Posted: 6 Jun 2003


This chapter for the OXFORD HANDBOOK ON LEGAL STUDIES provides an overview of the theoretical literature in Intellectual Property, and suggests directions for further study. The emphasis is on economic analysis, but effort is made to embrace other perspectives as well.

Keywords: intellectual property, copyright, patent, trademark, trade secrecy, rights in industrial design, rights of publicity, database rights, rights against misappropriation, "intangible" as a unifying concept, intellectual property doctrines, IP doctrines, "intellectual" as a unifying concept, similitude among patterns in IP, normative basis of IP doctrines, Lockean theories in IP, fair use, cybersquatting, rights of publicity, economics of IP, monopoly analysis, game theory perspective in IP, comparative institutional competence, justice, desert, labor theory of property, gift, gratitude, price discrimination, monopoly, deadweight loss, legal categories, taxonomy, public domain

JEL Classification: K11, K33

Suggested Citation

Gordon, Wendy J., Intellectual Property. Available at SSRN: or

Wendy J. Gordon (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-4420 (Phone)
617-353-3077 (Fax)

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