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The Proper Scope Of The Copyright And Patent Power, Glenn Harlan Reynolds
The Proper Scope Of The Copyright And Patent Power, Glenn Harlan Reynolds
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As an increasing amount of society's wealth is tied up in intangible assets, strong, clear property rights can make a good deal of sense. But it is also possible to have too much of a good thing, and our society is in danger of reaching that point. Recent scholarship suggests as much: a growing body of literature details the expansion of particular doctrines, the rising burden of IP-related transaction costs, or the pressing need for collective *46 institutions to mediate between individual firms and the mushrooming pile of IP rights they must traverse to do business.
In this Essay, we …