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 30: Knowledge commons

Michael J. Madison, Katherine J. Strandburg and Brett M. Frischmann

Abstract

This chapter describes a systematic approach to studying knowledge commons as an institutional mode of governance of knowledge and information resources. “Knowledge commons” refers to an institution (commons) for governing production, use, and/or preservation of a particular resource (knowledge or information, including resources linked to innovative and creative practice). “Commons” refers to a form of community management or governance. It applies to a resource, and it involves a group or community of people who share access to and/or use of the resource. “Commons” is the institutional arrangement of these elements and their coordination via combinations of law and other formal rules; social norms, customs, and informal discipline; and technological and other material constraints. “Knowledge” has broad scope, in order to permit knowledge commons researchers to capture and study a wide range of commons institutions and to highlight the importance of examining knowledge commons governance as part of dynamic, ecological contexts.

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