Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Hardcover | January 25, 2012

byChristina Bohannan, Herbert Hovenkamp

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Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harshreality is that antitrust and IP laws have wandered off this course. In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reformprocess that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IPlaw should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies. Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons,"or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.

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From the Publisher

Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harshreality is that antitrust and IP laws have wander...

Christina Bohannan is Professor of Law at the University of Iowa College of law, where she teaches copyright law, intellectual property advocacy, torts, constitutional law, and conflict of laws. She worked as an engineer before attending law school at the University of Florida, where she ranked first in her class and served as editor-...
Format:HardcoverDimensions:440 pages, 9.25 × 6.12 × 0.98 inPublished:January 25, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199738831

ISBN - 13:9780199738830

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Table of Contents

AcknowledgmentsIntroduction1. Competition Policy in IP Intensive Markets2. Complementary and Network Relationships3. The Importance of Harm4. Innovation, Competition and the Patent System5. Increasing the Social Value of Patents6. How Copyright Has Been Captured and Why it Matters7. A Theory of Copyright Harm8. Reclaiming Copyright: Constitutional Review and Statutory Interpretation9. Restraints on Innovation10. Misuse11. Innovation and Exclusion12. The Innovation Commons13. Post-Sale RestraintsEpilogueIndex