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Contribution to Book
Open Innovation and Ex Ante Licensing
Research Handbook on the Economics of Intellectual Property Law
  • Michael J. Burstein, Benjamin N. Cardozo School of Law
Description

Collaboration and sharing are critical to modern innovation environments, yet the conventional model of intellectual property is premised on the sole inventor. This chapter surveys the various institutional arrangements that challenge that premise—ex ante licensing, open innovation, user innovation, peer production, and knowledge commons. It argues that in innovation environments marked by collaboration, the common economic challenge is not sustaining incentives to innovate, as in the classic model, but overcoming barriers to information exchange. Intellectual property can, in some circumstances, facilitate the diffusion of information. But the role that IP plays in collaborative environments is complex and context-specific, as the existing empirical studies of open innovation and its variants have revealed. This suggests that intellectual property policy ought to be pluralistic, allowing for the development of a variety of institutional solutions to the challenges of collaboration.

ISBN
9781848445369
Editor(s)
Ben Depoorter, Peter Menell, and David Schwartz
Publication Date
8-30-2019
Publisher
Edward Elgar Publishing
Disciplines
Citation Information
Michael J. Burstein. "Open Innovation and Ex Ante Licensing" Research Handbook on the Economics of Intellectual Property Law (2019) p. 330
Available at: http://works.bepress.com/michael-burstein/13/