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Open Access. Powered by Scholars. Published by Universities.®

1998

Faculty Scholarship

Intellectual Property Law

Intellectual property

Boston University School of Law

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Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon Jan 1998

Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon

Faculty Scholarship

As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.