反对知识产权的案例

The Case Against Intellectual Property

American Economic Review · 2002
被引 28
人大 A+FT50ABS 4*

中文导读

反驳了知识产权促进创新的观点,指出当前立法混淆了实物财产权与思想垄断,导致滥用,主张大幅修改专利和版权法。

Abstract

According to a common argument, the presence of strong intellectual property rights spurs innovation, which then leads to fiercer competition, higher economic growth and increasing benefits for the average consumers. We argue that, in the case of intellectual property rights, this has lead to misconceptions and abuses. Current legislation on intellectual property confuses the protection of property rights on objects in which ideas are embodied with the attribution of monopoly power on the idea itself and, furthermore, with restrictions on the usage of such goods on the part of the buyers. This implies that both patent and copyright laws should be dramatically altered. To back up our claim we provide theoretical arguments, even for the most extreme case in which goods are produced at a positive fixed cost and zero marginal cost.

知识产权专利法版权法垄断权力