The Coase theorem claims that as long as property rights are clearly defined, the allocation of resources can be optimized through free transactions. The authoritative nature of this claim means that its application i...The Coase theorem claims that as long as property rights are clearly defined, the allocation of resources can be optimized through free transactions. The authoritative nature of this claim means that its application in the field of intellectual property has seldom been questioned. Starting from an analysis of the characteristics of intellectual property, this article analyzes the applicability of the Coase theorem＇s black box theory of property rights, the welfare principle implied in the theorem and the effect of equitable knowledge dissemination. It seeks to reveal the shortcomings of the establishment and implementation of an intellectual property regime based completely on the Coase theorem so as to seek a new theoretical foundation for the optimization of intellectual property allocation.展开更多
基金a partial outcome of the research project "Research on Carrying out the Scientific Outlook on Development and Applying an Intellectual Property Strategy" (No.:08@zh003) sponsored by the National Social Sciences Fund
文摘The Coase theorem claims that as long as property rights are clearly defined, the allocation of resources can be optimized through free transactions. The authoritative nature of this claim means that its application in the field of intellectual property has seldom been questioned. Starting from an analysis of the characteristics of intellectual property, this article analyzes the applicability of the Coase theorem＇s black box theory of property rights, the welfare principle implied in the theorem and the effect of equitable knowledge dissemination. It seeks to reveal the shortcomings of the establishment and implementation of an intellectual property regime based completely on the Coase theorem so as to seek a new theoretical foundation for the optimization of intellectual property allocation.
