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Intellectual Property Law

2013

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Commercialization theory

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Reply - Commercialization Without Exchange, Michael J. Burstein Jan 2013

Reply - Commercialization Without Exchange, Michael J. Burstein

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In this brief reply to Prof. Ted Sichelman’s comments on my article Exchanging Information Without Intellectual Property, I argue that justifications for intellectual property that rely on the incentives exclusive rights offer for commercialization are not economically distinguishable from traditional theories based on incentives to invent or create in the first instance. Because innovation is not an event but a process, innovative activities may be subject to misappropriation – and therefore under-production – at multiple points along the supply chain that runs from conception to commercialization. The grant of exclusive rights is an intervention that can be made at any …