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The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights?

Husovec, Martin (2020) The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? In: Geiger, Christophe, (ed.) Research Handbook on Intellectual Property and Investment Law. Research Handbooks in Intellectual Property. Edward Elgar Publishing Ltd, Cheltenham, UK, 385 - 405. ISBN 9781788977814

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Identification Number: 10.4337/9781788977821.00030

Abstract

At present, there is a proliferation of policy debates concerning proposals for new intellectual property (IP) rights. High-profile examples include publishers’ rights, data producers’ rights, and sport events organizers’ rights. These rights are presented as tools of the European Union’s (EU) innovation policy. However, how sticky are these tools? Much of the existing literature focuses on the first-order issue of their social costs and benefits. Little attention is paid to the problem of institutional inertia which keeps some of these solutions in circulation despite their proven ineffectiveness. While economic progress is unthinkable without stable property rights, it is equally unthinkable without their never-ending adjustment and continuous reflection of their effects. This chapter examines the question as to how difficult it would be to legislate away a new set of intellectual property rights once they are found to be incapable of delivering on their promises.

Item Type: Book Section
Official URL: https://www.e-elgar.com/shop/gbp/research-handbook...
Additional Information: © 2020 The Editor
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 14 Jul 2020 14:06
Last Modified: 31 Jul 2020 11:03
URI: http://eprints.lse.ac.uk/id/eprint/105660

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