Concurring Opinions has an article confirming what I have long suspected: Law and Economics doesn’t really work all that great in the intellectual property department. The fact is, L&E was inspiration for me, as an economics major, to go to law school. But in the years since, as I have gotten involved in intellectual property practice, I have realized that there is no state of nature, no default position as to the assignment of abstract rights such as patent, trademark and copyright — merely policy choices which I think are more amenable to second-guessing than the traditional assignment of rights in standard L&E analysis.
That’s actually more or less the theme of this blog, after all.
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