The Economic Rationality and Institutional Reflection of Public Domain in IP Law——A Comparative Analysis Based on Tragedy(Comedy)Theories
Systematically combing through tragedy(comedy)theories,we conclude that due to the ex-istence of multiple innovating motives and non-exclusive incentive mechanisms,the incentive effect of pri-vate property on innovation is exaggerated,and the economic rationality of public domain-reducing transac-tion costs,encouraging dynamic interactions and promoting positive externalities,has been underrated.The scientific intellectual property concept and institution should attach importance to the role,of public domain,make full use of non-exclusive incentive mechanisms,and leniently set the exemption mechanisms of intellectual property.
public domainintellectual propertytragedy(comedy)theories
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