RELEVANCE OF THE THEORETICAL FOUNDATION OF PROPERTY LAW TO IP Flashcards

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1
Q

What does IP do in relation to externalities?

A

It creates positive externalities.

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2
Q

How are positive externalities controlled in IP?

A

a. IP creates monopoly rights over the product.
b. Something controls its use.
c. Something controls access.
d. Copyright controls adaptation.

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3
Q

What is the purpose of economics in IP?

A

It helps us understand in which cases monopoly rights can be granted or denied and how this will help counterbalance the positive externalities.

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4
Q

Who tries to demystify the concept of externalities?

A

Ronald Coase in the “Social Cost”.

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5
Q

What is discussed in the Coase Theorem?

A

a. Externalities
b. Trade possibilities
c. Effective bargaining and minimum/no transaction costs
d. Effective outcome
e. Regardless of the initial allocation of property rights.

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6
Q

Explain effective bargaining and minimum/no transaction costs as explained in the Coase theorem.

A

Effective outcomes are reached regardless of the initial allocation of property rights.

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7
Q

What is the conjunctive test for the public goods theory?

A

Resources under the theory are:
a. Designed for social benefit.
b. Non-excludable
c. Non-rivalrous

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8
Q

Can public goods be excluded?

A

Yes but it is prohibitively costly.

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