This Article argues that sound intellectual property policy requires not only that the policymaker establish an appropriate incentive for invention but also that the policymaker determine how the cost of that incentive should be distributed across various classes of consumers. It is the distributive dimension of intellectual property policy that makes existing international institutions such an unsound mechanism for determining global rules for intellectual policy--the policymakers are simply not able to make the appropriate kinds of decisions. I suggest some ways in which institutional structures can be modified to achieve a better balance.
Intellectual Property, TRIPS
Place of Original Publication
Michigan State Law Review
2007 Mich. St. L. Rev. 143
Gerhart, Peter M., "The Tragedy of TRIPS" (2007). Faculty Publications. 157.