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Controlling already-created innovation?

By Lawrence B. Ebert, Esq.

In an article titled The Impact of Compulsory Licensing on Foreign Direct Investment: A Collective Bargaining Approach, Robert Bird and Daniel R. Cahoy cite Mark A. Lemley in Ex Ante versus Ex Post Justifications for Intellectual Property, 71 U. CHI. L. REV. 129, 148-49 (2004) for the proposition that many economic theorists improperly focus on patent rules as a means of controlling already-created innovation, rather than on incentives to produce the innovation.

Another example of confusion between the concepts of invention and of innovation.

Full post as published by IPBiz on August 07, 2008 (boomark / email).