Discussing Stern’s “Myth of Nonrivalry” for Patent Law
Patently-O
MAY 19, 2024
The rivalrous nature of real and personal property has justified property regimes, but for IP we have always needed additional justification and additional limits because propertization creates artificial scarcity. But Stern’s new article bucks the conventional wisdom and instead argues that the nonrivalry of IP is a myth.
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