Daniel Spulber, ‘Intellectual Contract’

The article introduces the concept of Intellectual Contract (IC) to characterize agreements for invention, innovation, and technology adoption. The article also introduces the term Intellectual Tort (IT) to describe liability for misappropriation of trade secrets and infringement of patents, trademarks, and copyrights. The article observes that legal protections for inventors are based on a flawed combination of IT and Intellectual Property (IP). The article argues that greater emphasis on IC would improve both IT and IP. Because IC protects expectation interests it is essential for creating, developing, sharing, and applying intangible assets. IC generates gains from trade that enhance the benefits of inventors, innovators and adopters. IC has become crucial for technological change and economic growth.

Spulber, Daniel F, Intellectual Contract (June 7, 2018). Northwestern Public Law Research Paper No 18-16; Northwestern Law and Econ Research Paper No 1813.

First posted 2018-06-08 05:52:07

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