Research Handbook on the Economics of Intellectual Property Law
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Research Handbook on the Economics of Intellectual Property Law

Vol 1: Theory Vol 2: Analytical Methods

Edited by Ben Depoorter, Peter Menell and David Schwartz

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
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Chapter 21: Infrastructure theory and IP

Brett Frischmann


This chapter explores how infrastructure theory applies to cultural-intellectual resources. It begins with a summary of infrastructure theory and then discusses how the theory applies to intellectual-cultural resources. Applying the theory reveals a series of demand-side complications for conventional law and economic theories of intellectual property and related governance institutions. These complications arise vividly in modern debates about intellectual property rules that exclude certain subject matter or otherwise limit the scope of intellectual property rights and sustain commons (public access). The entry is an adaptation of ‘Intellectual Infrastructure,’ chapter 12 of Frischmann (2012).

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