Framing Intellectual Property Law in the 21st Century

the long version

"It is certainly enriching to welcome new participants into the debate over the proper scope of intellectual property rights and the appropriate balance between the proprietary interests of right holders and the access interests of the public. However, the discussion has become fragmented and heated. Important issues remain unresolved. In our experience, the problem appears, at least in part, to be that those participating in the debate begin with different premises. As a result, they frame the questions involved in balancing interests quite differently. At one end of the spectrum are observers who see intellectual property through a frame of incentives, who believe that strong exclusive rights are necessary to prevent free riders from competing down the price of innovations and undermining the returns available from taking the risks entailed in creative production. Without strong protection, they say, there would be insufficient impetus to develop new medicines, technologies, educational materials, or cultural products for society to enjoy. To a large extent, their voices are joined by groups interested in improving social welfare by reaping comparative advantages and promoting interdependence among nations"--