Dina Kallay (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian Approach, Northampton: Edward Elgar

Dina Kallay (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian... The Review of Austrian Economics, 18:3/4, 343–344, 2005. 2005 Springer Science + Business Media, Inc. Manufactured in The Netherlands. Book Review DINA KALLAY (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian Approach, Northampton: Edward Elgar. Were it not for the subtitle, and the repeated appeals to the insights of Austrian economics, this book would be valuable simply as an interesting part-survey-part-analysis of the rela- tionship between antitrust and intellectual property (IP). The author is, however, claiming to have done more; specifically to have produced a new and superior approach to under- standing this intersecting relationship and implementing policy to deal with it. That this claim has been fulfilled may be seriously doubted. The relationship between IP and antitrust is fairly easy to understand. A copyright, and especially a patent, is basically the creation of a legal monopoly to the use of a particular formula of expression or device. As such it potentially conflicts with the stated aims of antitrust—it is essentially uncompetitive in that it creates a barrier to competition for those who might compete by using the monopolized patent or copyrighted material. Those wishing to compete with Microsoft, for example, by producing software applications http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Review of Austrian Economics Springer Journals

Dina Kallay (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian Approach, Northampton: Edward Elgar

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Publisher
Kluwer Academic Publishers
Copyright
Copyright © 2005 by Springer Science + Business Media, Inc.
Subject
Economics; Public Finance; Political Science; History of Economic Thought/Methodology
ISSN
0889-3047
eISSN
1573-7128
D.O.I.
10.1007/s11138-005-3114-z
Publisher site
See Article on Publisher Site

Abstract

The Review of Austrian Economics, 18:3/4, 343–344, 2005. 2005 Springer Science + Business Media, Inc. Manufactured in The Netherlands. Book Review DINA KALLAY (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian Approach, Northampton: Edward Elgar. Were it not for the subtitle, and the repeated appeals to the insights of Austrian economics, this book would be valuable simply as an interesting part-survey-part-analysis of the rela- tionship between antitrust and intellectual property (IP). The author is, however, claiming to have done more; specifically to have produced a new and superior approach to under- standing this intersecting relationship and implementing policy to deal with it. That this claim has been fulfilled may be seriously doubted. The relationship between IP and antitrust is fairly easy to understand. A copyright, and especially a patent, is basically the creation of a legal monopoly to the use of a particular formula of expression or device. As such it potentially conflicts with the stated aims of antitrust—it is essentially uncompetitive in that it creates a barrier to competition for those who might compete by using the monopolized patent or copyrighted material. Those wishing to compete with Microsoft, for example, by producing software applications

Journal

The Review of Austrian EconomicsSpringer Journals

Published: Jan 1, 2005

References

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