Jonathan M. Barnett

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Property as Process: How Innovation Markets Select Innovation Regimes

119 Yale L.J. 384 (2009).  It is commonly asserted that innovation markets suffer from excessive intellectual property protections, which in turn stifle output. But empirical inquiries can neither confirm nor deny this assertion. Under the agnostic assumption that we cannot assess directly whether intellectual property coverage is excessive, an alternative query is proposed: can the market assess if any “propertization...