Tuesday, November 13, 2012
Dan Burk, University of California, Irvine School of Law, has published Intellectual Property in the Cathedral in Access Challenges in the 21st Century (Dana Beldiman et al., 2013). Here is the abstract.
A variety of commentators have called for the increased application of liability rules, including compulsory licenses, to intellectual property. Such arguments are well taken, but unfortunately stop short of advocating the full range of potential intellectual property entitlement allocations. Property theory offers a range of allocative structures, including reverse liability rules and “put”-type entitlements that could be beneficially applied to intellectual property. This chapter describes several such rules and argues for their consideration in the canon of intellectual property entitlements.
Download the essay from SSRN at the link.