Adrian Kuenzler, ‘Intellectual property on the cusp of the intangible economy’

ABSTRACT
This contribution describes the current transformation from an economy based on physical scarcity to one that is grounded in intangible rarity where product manufacturers and sellers increasingly are concerned with the protection of the exclusivity, the uniqueness and the scarcity of their physical goods and services. At the same time, it reveals a shift from the creation of tangible business values to an intangible, data-driven industry culture in which online platforms progressively collect, analyse and sell consumers’ data to third parties. Together, these transformations suggest that digital marketplaces have to be understood as part of an economy of abundance rather than as part of an economy of scarcity and portend a need to underscore a reinvigorated role for market regulatory rulemaking to play on the cusp of the intangible economy.

Kuenzler, Adrian, Intellectual property on the cusp of the intangible economy (July 1, 2021).

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