ATRIP Intellectual Property series
Edited by Graeme B. Dinwoodie
Chapter 3: A fundamental critique of the law-and-economics analysis of intellectual property rights*
The economic analysis of law and legal institutions or the law-and-economics movement, originally a distinct North American phenomenon that emerged in the 1960s has become a widespread tool for a certain conceptualisation and understanding of legal problems. Prominent representatives of the law-and-economics approach regard intellectual property especially as a ‘natural field for economic analysis of law’. Since its inception, this form of analysis has been met with suspicion, as it was felt that law-and-economics tried to take over other social sciences and established a kind of ‘economics imperialism’.
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