Methods and Perspectives in Intellectual Property
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Methods and Perspectives in Intellectual Property

  • ATRIP Intellectual Property series

Edited by Graeme B. Dinwoodie

The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.
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Chapter 3: A fundamental critique of the law-and-economics analysis of intellectual property rights*

Andreas Rahmatian

Extract

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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