Renata Avila Pinto Münich 11 May 2009

“Market Failure and Regulation in Intellectual

Property Markets”

I. Intellectual Property Market

II. Intellectual Property Regulation

III. The effects and response

My presentation will discuss:

“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 MarketDeveloped 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: SHIFTWTO

TRIPS WIPO Treaties

BILATERALS FREE TRADE AGREEMENTS

ACTA!!!

EXTENSION OF PROTECTION AND ENFORCEMENT

Draw by Prof. Jerome Reichmann.

Legal Hybrids, Exotic Rights

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

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 availableNot available anymore

(Authors Gild v. Google (orphan works?)

Only avaliable at distant marketsToo high the price

(Drugs, Derivative Works in certain languages, books in the south)

Too little demandDifficult 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/disco

veries 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

Thank You!

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