Renata Avila Pinto Münich 11 May 2009 “ Market Failure and Regulation in Intellectual Property Markets ”

My presentation will discuss: I. Intellectual Property Market II. Intellectual Property Regulation III. The effects and response

“ Intellectual Property Markets”

Exclusive Rights strategies are (not) dominant. Exclusive rights are (not) the roots of all growth and productivity . Education System, Voluteers and social motivations, interoperability and improved efficencies Emerging “sharing economies” Generativity “ Digital Natives”

The Global Market Developed Countries Developing Countries GDP per Capita Multilingualism Price Parity

The Market and The Marginal

“ Intellectual Property Regulation ”

Internationalization - Harmonization 70´s WIPO and Development Early 80 mid 90: SHIFT WTO TRIPS WIPO Treaties BILATERALS FREE TRADE AGREEMENTS ACTA!!! EXTENSION OF PROTECTION AND ENFORCEMENT

Legal Hybrids, Exotic Rights Draw by Prof. Jerome Reichmann.

TODAY... Reduction of exclusive rights never discussed. It is a “tax” or burden for non proprietary models. It makes A2K more expensive Barrier to access the basic tools of innovation Maximum control and Minimum of Corporate Social responsibility

Reduction of exclusive rights never discussed.

It is a “tax” or burden for non proprietary models.

It makes A2K more expensive

Barrier to access the basic tools of innovation

Maximum control and Minimum of Corporate Social responsibility

The most reasonable solution would be to change laws instead of trying to change people's ways.

Renata Avila Pinto Münich 11 May 2008 “ Market Failure”

Not yet available Not available anymore ( Authors Gild v. Google (orphan works?) Only avaliable at distant markets Too high the price (Drugs, Derivative Works in certain languages, books in the south) Too little demand Difficult to aggregate demand ( Science Research)

Knowledge is a public good. In many contexts, the threat of copyright liability chills creativity. Different kinds of investments/innovations/discoveries may deserve different degrees of protection

Market failure: a loss of allocative efficency. “ The reason why piracy’s come along is that there weren’t enough products at the right price soon enough”

Price based on the local economic realities, demand recognized and served. Creating new markets.

Intellectual property rules diminish the supply of new ideas. Innovation depends on the continuing supply on upstream row material. For All. What most of developing countries lack is not human creativity or skills to innovate.

“ If we can understand the pattern and what drives it , we can try to avoid an end that eliminates most disruptive innovation while facilitating invasive and all – too – inexpensive control by regulators” Jonathan Zittrain

“ If we can understand the pattern and what drives it , we can try to avoid an end that eliminates most disruptive innovation while facilitating invasive and all – too – inexpensive control by regulators”

Jonathan Zittrain

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