Commons Anticommons Semicommons
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Commons Anticommons Semicommons
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Author : Lee Anne Fennell
language : en
Publisher:
Release Date : 2009
Commons Anticommons Semicommons written by Lee Anne Fennell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
... offers a brief introduction to the commons, anticommons, and semicommons models and shows how the three fit together in a unified theoretical framework. I suggest that each of these templates is best understood as a lens for apprehending a single core, challenging fact about resource systems -- their need to accommodate multiple uses that are most efficiently pursued at different scales, whether simultaneously or over time.
Never Two Without Three
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Author : Enrico Bertacchini
language : en
Publisher:
Release Date : 2012
Never Two Without Three written by Enrico Bertacchini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
A semicommons regime exists when the efficient use of a resource requires the coexistence of both common and private uses. In a seminal article, Henry Smith examined the system of semicommons property in regard to medieval open-fields. In such a system, peasants shared common land for collective grazing, but used privately owned scattered strips for grain growing. This paper provides the first formal model of semicommons property regimes. Our model demonstrates (1) how the costs of strategic behavior in semicommons regimes may outweigh those in commons regimes and (2) how semicommons regimes may solve collective action problems by introducing anticommons arrangements. We extend previous property literature by offering new insights as to conditions in which mixed property regimes emerge and fragmentation solutions are favored.
Commons Anticommons And Community In Biotechnological Assets
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Author : Stephen R. Munzer
language : en
Publisher:
Release Date : 2009
Commons Anticommons And Community In Biotechnological Assets written by Stephen R. Munzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
I argue for three theses: T1 - It is possible to use access to scientific knowledge to reinforce existing scientific communities and sometimes generate new ones. T2 - It is possible to use community to generate scientific knowledge, patent reform, scientific research, medical diagnostics, and trade secrets and occasionally patents. T3 - On the spectrum from commons to semicommons to private property to anticommons, an anticommons can arise if a biotechnological asset is fuzzily defined. I defend these propositions against objection and establish the fertility of my account by considering intellectual property issues relating to synthetic biology. Along the way I present a new understanding of the public domain. I also pursue several projects that interweave throughout the article. The analytic project shows how careful definitions yield a useful taxonomy of biotechnological assets and their holders. The normative project explains why we should endorse intellectual property rights in some biotechnological assets but not others. Finally, the thematic project establishes larger contrasts between different forms of community on the one hand and individualism on the other, and reveals how my understanding of the public domain delivers a surer grasp of these contrasts and their roles in institutions of property.
Commons And Anticommons
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Author : Michael Heller
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
Commons And Anticommons written by Michael Heller and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
This two-volume collection brings together the most important articles on the tragedies of the commons and anticommons. The first volume presents the bedrock articles that define commons and anticommons theory, from Aristotle to the present. The second volume continues with cutting edge property theory and applications. A judicious selection of articles shows how commons and anticommons metaphors inform current debates at the innovation frontier, ranging from patent thickets to broadcast spectrum licensing. In this extensive introduction, Michael Heller contextualizes the selected papers and provides scholars and policy-makers with an entry point into this rapidly evolving field.
The Commons And The Anticommons In The Law And Theory Of Property
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Author : Stephen R. Munzer
language : en
Publisher:
Release Date : 2005
The Commons And The Anticommons In The Law And Theory Of Property written by Stephen R. Munzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Recent work on the commons and the anticommons is novel and promising. Briefly, a commons is a resource which all have a liberty-right to use, from which no one has a normative power to exclude others, and which no one has a duty to refrain from exploiting. By contrast, an anticommons is, preliminarily, a resource from which each person has a normative power to exclude others and which no one has a liberty-right to use without the permission of others. This article explains how commons and anticommons analysis illuminates property law as well as property theory, shows why the analysis is novel, explores some further developments of the analysis, and ventures a critical appraisal of it. Although Buchanan and Yoon identify economic symmetries between the common and the anticommons, no general combined legal and philosophical examination of them yet exists, which is what this article provides. Prominent figures in the literature include Hardin, Heller, Dagan, Merrill, H. Smith, and Frantz. The article assesses their work and that of others. Neither all commons nor all anticommons are tragic. The commons and the anticommons, as extremes on a spectrum, illuminate the boundaries of private property. Yet anticommons analysis helps only modestly with governmental takings of private property and the numerus clausus principle. The further account of the liberal commons by Dagan and Heller runs into general difficulties and its extension to marital property encounters pitfalls. The next several decades will reveal much about the intellectual staying power of work in these areas. For the moment, it suffices to be grateful for work, much of it published within the last seven years, that pushes forward speculation about the theory of property and helps to solve real-world problems in property law.
Property
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Author : Jesse Dukeminier
language : en
Publisher: Aspen Publishing
Release Date : 2022-01-31
Property written by Jesse Dukeminier and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-31 with Law categories.
Property, Tenth Edition
Concepts Of Property In Intellectual Property Law
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Author : Helena Howe
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-26
Concepts Of Property In Intellectual Property Law written by Helena Howe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
Properties Of Property
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Author : Gregory S. Alexander
language : en
Publisher: Aspen Publishing
Release Date : 2012-04-30
Properties Of Property written by Gregory S. Alexander and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-30 with Law categories.
Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. Features of Properties of Property: Broadly interdisciplinary o cutting-edge work from leading legal scholars and important non-legal scholars Appeals to an international audience o teachers, scholars, and students o throughout Europe, the British Commonwealth, and China Suited for courses and seminars in other departments o from history to urban planning o both at the graduate and undergraduate level A must for any law school library o relevant, even if no seminar on property theory is offered o appeals to law school students, scholars and graduate students interested in property o provides different ways the authors have organized property theory seminars using the book o suggestions for using the book as a companion to a property casebook o discussion of questions posed in the Notes
Innovation Law And Policy In The European Union
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Author : Massimiliano Granieri
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-07-13
Innovation Law And Policy In The European Union written by Massimiliano Granieri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-13 with Law categories.
The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent, the transfer of technology (particularly as far as climate-related technologies and IP markets are concerned), standardization, and the digital agenda.
Routledge Handbook Of Food As A Commons
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Author : Jose Luis Vivero-Pol
language : en
Publisher: Routledge
Release Date : 2018-12-17
Routledge Handbook Of Food As A Commons written by Jose Luis Vivero-Pol and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with Law categories.
From the scientific and industrial revolution to the present day, food – an essential element of life – has been progressively transformed into a private, transnational, mono-dimensional commodity of mass consumption for a global market. But over the last decade there has been an increased recognition that this can be challenged and reconceptualized if food is regarded and enacted as a commons. This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. Chapters do not define the notion of commons but engage with different schools of thought: the economic approach, based on rivalry and excludability; the political approach, recognizing the plurality of social constructions and incorporating epistemologies from the South; the legal approach that describes three types of proprietary regimes (private, public and collective) and different layers of entitlement (bundles of rights); and the radical-activist approach that considers the commons as the most subversive, coherent and history-rooted alternative to the dominant neoliberal narrative. These schools have different and rather diverging epistemologies, vocabularies, ideological stances and policy proposals to deal with the construction of food systems, their governance, the distributive implications and the socio-ecological impact on Nature and Society. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South–South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings.