Law in Contemporary Society

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JustinColannino-FirstPaper 3 - 10 Feb 2008 - Main.MichaelBerkovits
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Seizure as a solution to the tragedy of the anticommmons in intelectual property

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Seizure as a solution to the tragedy of the anticommmons in intellectual property

 

The anticommons and its tragedy

An anticommons occurs when multiple owners each have a right to exclude others from a scarce resource and no one has an effective privilege of use. The “tragedy of the anticommons”, coined by Michel Heller, is when the right to exclude is exercised by some of the right holders, with the result that the resource becomes under-utilized. Heller has discussed this occurrence in post soviet regimes (cite harvard) and in biomedical research (cite science) with Rebecca S. Eisenberg. In the particular case of intellectual property the under-utilization is the suppression of innovation based on patented resources due to the cost of using upstream resources. This problem becomes magnified because the rights holders have monopolies on the resource - the innovator cannot find an alternate supply of the resources they need.

Revision 3r3 - 10 Feb 2008 - 20:45:15 - MichaelBerkovits
Revision 2r2 - 10 Feb 2008 - 20:43:00 - JustinColannino
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