The regulation of innovation and the optimal design of legal institutions
in an environment of uncertainty are two of the most important policy challenges of the
twenty-first century.
Innovation is critical to economic growth. Regulatory design decisions, and, in
particular, competition policy and intellectual property regimes, can have profound
consequences for economic growth. However, remarkably little is known about the
relationship between innovation, competition, and regulatory policy. Any legal regime must
attempt to assess the tradeoffs associated with rules that will affect incentives to
innovate, allocative efficiency, competition, and freedom of economic actors to
commercialize the fruits of their innovative labors.
The essays in this book approach this critical set of problems from an
economic perspective, relying on the tools of microeconomics, quantitative analysis, and
comparative institutional analysis to explore and begin to provide answers to the myriad
challenges facing policymakers.
Table of Contents
Introduction;
Part I. Keynotes:
1. Information, capital markets, and planned development: an essay Robert Cooter;
2. The disintegration of intellectual property Richard A. Epstein;
Part II. The Economics of Innovation:
3. Regulation of bundling in standards and new technologies Stan J. Liebowitz and
Stephen E. Margolis;
4. Unlocking technology: antitrust and innovation Daniel F. Spulber;
5. Creative construction: assimilation, specialization, and the technology life cycle
Marco Iansiti and Greg Richards;
Part III. Innovation and Competition Policy:
6. Favoring dynamic over static competition: implications for antitrust analysis and
policy David Teece;
7. Antitrust, multidimensional competition, and innovation: do we have an
antitrust-relevant theory of competition now? Joshua D. Wright;
8. Section 2 and article 82: a comparison of American and European approaches to
monopolization law Keith N. Hylton and Haizhen Lee;
Part IV. The Patent System:
9. Rewarding innovation efficiently: the case for exclusive rights Vincenzo Denicolo
and Luigi Alberto Franzoni;
10. Presume nothing: rethinking patent law's presumption of validity Mark Lemley and
Douglas G. Lichtman;
11. Patent notice and patent design Michael Meurer;
Part V. Property Rights and the Theory of Patent Law:
12. Commercializing property rights in inventions: lessons for modern patent theory
from classic patent doctrine Adam Mossoff;
13. Modularity rules: information flow in organizations, property, and intellectual
property Henry Smith;
14. Removing the property from intellectual property and (intended?) pernicious impacts
on innovation and competition F. Scott Kieff;
Part VI. Intellectual Property and Antitrust: The Regulations of
Standard-Setting Organizations:
15. Increments and incentives: the dynamic innovation implications of licensing patents
under an incremental value rule Anne Layne-Farrar, Gerard Llobet and Jorge Padilla;
16. What's wrong with royalty rates in high technology industries? Damien Geradin;
17. Federalism, substantive pre-emption, and limits on antitrust: an application to
patent hold-up Bruce H. Kobayashi and Joshua D. Wright.
548 pages, Hardcover