INTRODUCTION
This study examines the economic implications of protecting non-original databases in developing countries, encompassing nations at various stages of development, including the least developed and those transitioning from centrally-planned to free-market economies Databases, defined as organized collections of records for easy access and retrieval, are deemed "unoriginal" in this context, as they do not fulfill the originality requirements established by the Berne Convention and the WIPO Copyright Treaty.
Databases, regardless of their format, are not protected by copyright, which raises concerns about their legal safeguarding The rise of electronic databases, whether as standalone products on media like CD-ROMs or as online services, has heightened the demand for effective legal protection in this digital age.
Databases enjoy legal protection in various countries, both developed and developing, with copyright safeguards for original databases and specific protections for non-original ones Many Western European nations have implemented sui generis database protection laws in accordance with Directive 96/9/EC from the European Council Additionally, Mexico's Federal Law on Copyright includes provisions to protect non-original databases Furthermore, several multilateral agreements, including the recent TRIPS agreement, address the protection of intellectual property rights (IPRs).
The TRIPS Agreement mandates World Trade Organization (WTO) members to establish minimum standards for the protection of intellectual property rights (IPRs) and to uphold the principle of national treatment, ensuring equal respect for IPRs held by both citizens and foreigners While the agreement encompasses various forms of intellectual property, including copyright, patents, trademarks, and specialized areas like semiconductor masks and geographical indicators, the European Union asserts that it does not extend to non-original databases.
Chapter II of this study explores the economics of database protection, focusing on two key factors: economies of scale and the "free-rider" problem, which highlights the challenge of excluding non-payers The absence of well-defined property rights can hinder the economic incentives necessary for creating valuable databases Additionally, the specific provisions within protection statutes significantly influence societal economic welfare.
Leveraging insights from the economics of information organizations and optimal pricing theory, this article examines the significant implications for database protection.
Chapter III presents data from one source, the Gale Directory of Databases, on the production of (public) databases by geographical region, language, and type of producer
While most databases are created in North America and Western Europe, with around two-thirds in English, developing countries also contribute to database production Notably, about 500 out of 12,000 databases listed in the directory—equating to 4%—originate from Africa, Asia, Eastern Europe, and South America.
Chapter IV examines how a country's decisions regarding database protection impact its economic welfare and that of its trading partners By establishing international agreements that lower barriers to the use of foreign works, both importing and exporting nations can enhance their economic well-being Additionally, the presence of various database protection frameworks does not pose a major challenge for developing countries.
In Chapter V, I explore various "special cases" related to database protection, including those containing scientific, technical, or culturally sensitive information, databases with a sole source, and the potential commercial capture of publicly funded content Additionally, I discuss the specific issue of Internet routing tables While earlier chapters touch on some of these aspects, the overarching conclusion remains that any exceptions to general database protection rules should be defined as narrowly as possible.
ECONOMICS OF DATABASE PROTECTION
The protection of intellectual property rights (IPRs), especially concerning databases, raises complex economic issues that necessitate a clear definition of these rights Key economic principles underpinning this case include the challenges of excluding non-payers and the existence of economies of scale Goods and services with these characteristics are often labeled as "public goods," leading to discussions about their public provision However, the concept of "public goodness" is nuanced and not an absolute notion, highlighting that the difficulty of exclusion does not equate to a complete lack of exclusivity.
This chapter explores the dual function of Intellectual Property Rights (IPRs) in both enabling exclusion and incentivizing the creation of intellectual property, particularly databases It examines the scope and duration of these rights, followed by an analysis of economies of scale and insights from literature on optimal pricing The conclusion highlights the implications of these findings for the protection of databases.
The necessity for statutory protection of rights arises from the economic challenge of excluding individuals from using high-cost printed materials, software, and databases, despite their low replication costs Producers need the ability to prevent unauthorized use unless payment is made, but the difficulty of exclusion allows users to access these products without compensation and minimal repercussions This situation discourages organizations from investing in the creation of new, expensive products, as they risk immediate availability to the public without returns Intellectual Property Rights (IPRs) aim to safeguard the investments made by entities in developing valuable new products, fostering innovation and ensuring that the production of such goods continues, ultimately benefiting society as a whole.
While products requiring intellectual property rights (IPR) protection often necessitate significant investment in development, economists argue that these items, particularly databases, should be made widely accessible Unlike consumables such as food and clothing, which incur additional resource costs with increased usage, databases primarily involve sunk costs that do not escalate with additional users Therefore, imposing high prices on database access is counterproductive, as it hinders widespread usage despite the minimal societal costs associated with accommodating more users.
The traditional tradeoff in economics suggests that stronger database rights benefit producers at the expense of users, while weaker rights do the opposite However, this perspective overlooks the incentive effects of enhancing these rights Well-defined database rights can stimulate the creation of new databases, ultimately benefiting both current and future users and improving producers' financial situations Therefore, developing database rights is essential, and any limitations on these rights should be approached with caution.
Compulsory licensing, pricing restrictions, and database protection exemptions all limit the profit potential of Intellectual Property Rights (IPR) holders These limitations can undermine the incentive for investment in the creation of IPR-protected materials, as they prevent creators from fully capitalizing on their products To stimulate investment despite these restrictions, any imposed limits, such as price ceilings or licensing requirements, should be counterbalanced by enhancements in other incentives, like extending the duration of IPR protection However, extending this protection period carries social costs, leading to a necessary tradeoff between the benefits of reduced market power for IPR holders and the societal implications of prolonged protection.
Compulsory licensing and price regulations on licenses benefit both licensees and their customers, as individuals willingly acquire licenses that hold value for them This voluntary decision ensures that the license is worth its cost, and without compulsory licensing, these potential advantages would be lost.
While compulsory licensing may benefit database resellers and users, it is crucial to recognize that it likely represents a net loss for intellectual property rights (IPR) holders, as they would not be compelled to issue licenses otherwise Assessing the overall social impact of such policies is complex, and since IPRs are designed to safeguard the interests of original investors, it is essential to approach any measures that could undermine these protections with caution.
Increasing complexity in regulatory provisions can significantly diminish the effectiveness of the regulatory process When numerous special exceptions and intricate modifications are introduced, the focus often shifts from substantive issues to administrative details, ultimately undermining the intended outcomes of regulation.
The issue of exempting certain user classes from intellectual property rights (IPR) restrictions raises significant economic concerns While some users may deserve exemptions due to merit or financial constraints, such exceptions ultimately shift the financial burden to other users Maintaining compensatory pricing for databases means that any exemptions will lead to increased costs for other users Although societal subsidies for specific user groups, like those in developing countries, may be beneficial, it is unjust to impose these costs on a select group of database users Economists advocate for transparent, community-funded subsidies rather than hidden costs extracted from randomly chosen users.
Economists typically oppose broad exemptions for specific user groups because pricing affects usage patterns; higher prices lead to reduced consumption of protected materials Offering a zero price to one user group, while charging others more, disrupts demand and results in greater overall social losses compared to a more equitable pricing strategy Established economic principles suggest that minimizing social losses from such distortions is achievable, but these principles often contradict the notion of broad exemptions.
Designing an ideal intellectual property rights (IPR) system for databases is theoretically possible, but practical implementation will necessitate significant compromises Two immediate compromises are evident, with the likelihood of additional challenges emerging during real-world application.
Optimal pricing principles dictate that all user classes should incur costs for every use of a database Ideally, a fee should apply to each instance of searching and extracting records However, due to technological limitations, it is currently impossible to track every usage accurately As a result, user charges can only be approximated, often through a flat annual fee or payments based on recorded usage, which introduces significant compromises.
It is difficult to determine whether the individual accessing records in a protected database is the one incurring the costs This inefficient payment system affects both personal database users and those utilizing a protected database equally.
– Second, payment will generally not correspond closely to the amount of use of material that is protected
Allocating payments among producers of protected databases based on their actual use is unfeasible, necessitating a pooling arrangement similar to the compensation model for music composers For instance, television networks make fixed annual payments to a composers' organization, which then distributes the funds among composers using a general guideline While this method is a rough approximation of ideal proportional payment, the challenges of enforcement and administration make such compromise arrangements necessary Consequently, this approach may often define payment structures within rights systems moving forward.
DEVELOPING COUNTRIES AS PRODUCERS AND USERS
There are a variety of possible approaches to counting and classifying databases and the records that they contain The Gale Directory of Databases lists 12,111 databases as existing in
In 2001, approximately 4.1% of the total databases, totaling 494, were produced in developing regions such as Africa, Asia, Eastern Europe, and South America However, this figure may be inflated due to the inclusion of around 100 databases from Japan in the Asian count Additionally, databases are recorded as originating from a single country, despite potentially containing records from multiple nations Nonetheless, it is evident that developing countries are actively producing and distributing databases on a global scale.
Table 1: Databases in the Gale Directory by Geographic Region (2001)
Source: Martha E Williams, “The State of Databases Today: 2002” in Gale Directory of
A similar picture emerges if one looks at the languages in which the databases were produced An overwhelming majority (68%) of the databases were produced in English
Most of the remaining databases are in European languages The data is normalized to ensure each database is counted only once; for instance, a database primarily in English that also includes records in German and French will be categorized solely as an English language database in this table.
Table 2: Databases in the Gale Directory by Language (2001)
Source: Martha E Williams, “The State of Databases Today: 2002” in Gale Directory of
Note: Percentages calculated from reported numbers.
Over the last 25 years, database production has increasingly shifted towards commercial interests, with Williams categorizing producers into government, commercial, not-for-profit, and mixed entities While the number of producers in each category has grown, commercial producers have gained a larger percentage share Notably, much of the content in these databases originates from government activities and remains accessible through the respective governmental agencies Regardless of the type of publisher, they enhance the original data by adding value through classification, indexing, user interfaces, and delivery systems, ultimately reselling it as a commercial database product.
Table 3: Database by Producer Status-1977 and 2001 (in percent)
Source: Martha E Williams, “The State of Databases Today: 2002” in Gale Directory of
Includes international organizations such as the United Nations
When utilizing these data, several challenges emerge, particularly concerning the focus on database producers.
Publishers, rather than content providers, are the primary focus when discussing databases The location of a database producer in a specific country does not necessarily mean that all the data originates from that area Some data elements may be sourced from other countries, either through paid agreements or by utilizing publicly available content from the public domain without incurring costs.
The second issue is that the data significantly overlook or underestimate non-commercial database production, particularly the collection and compilation of diverse data sets by the government, a fact that Williams explicitly acknowledges.
The U.S government creates a vast array of databases beyond those found in the Gale Directory of Databases (GDD) Various government programs produce satellite and research data; however, despite being theoretically accessible to the public, much of this data remains unannounced and is not listed in official communications like news releases, newsletters, journal articles, or websites, resulting in its exclusion from directories.
Directories primarily utilize publicly available databases, which may appear to benefit from robust database protection laws However, it is important to understand that such protection also influences the development of various other databases For instance, the national genetic database in Iceland, which compiles and analyzes genetic material from its population of over a quarter of a million residents, has at least one licensee but does not qualify as a public database product.
The rapid growth of the Internet and its databases has posed challenges for directory compilers, as many data sets are now hidden behind web interfaces or created on demand Although the availability of online content is predominantly skewed towards developed countries, the Internet has likely reduced the reliance on fee-based databases Numerous governmental agencies, non-profit organizations, and NGOs offer free access to data through their websites, while many database providers also allow access to their products via advertiser-supported web pages.
THE PROBLEM OF “COMPETING” PROTECTION REGIMES
This chapter addresses the international trade implications of protecting databases, highlighting the role of bilateral and multilateral agreements that extend intellectual property rights (IPRs) to foreign nationals The intertwining of IPRs and trade issues was notably emphasized during the Uruguay Round of negotiations from 1986 to 1994, leading to the establishment of the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement TRIPS outlines the protections available for various intellectual property categories, including patents, trademarks, and copyrights, while ensuring legal remedies and dispute resolution through the WTO However, it is important to note that TRIPS only grants copyright protection to databases that exhibit creativity in their selection or arrangement, excluding non-original databases, which are the primary focus of this study.
In the copyright area, the three major multilateral agreements are the Berne Convention, the Universal Copyright Convention (UCC), and the WIPO Copyright Treaty viii The Berne
The Convention, established in 1886 and revised in 1971, alongside the UCC, negotiated in 1952 and also revised in 1971, ensures that works created by nationals of member states receive the same protections as those created by citizens of their home countries Additionally, Article 5 of the WIPO Copyright Treaty, adopted in 1996, extends protection to original compilations of data.
Property rights for non-original databases vary significantly between countries In the European Union, member states have implemented sui generis protection for electronic databases under Directive 96/9/EC Conversely, the U.S Supreme Court ruled in the 1991 Feist case that copyright law does not apply to databases, prompting Congress to consider a misappropriation model for database protection Additionally, countries like Brazil and India adopt distinct philosophical or legal frameworks regarding database rights.
This chapter does not aim to assess the superiority of different approaches or international agreements Instead, it emphasizes how a nation's selection of protective mechanisms—whether aligned with or distinct from those of its trading partners—impacts both its own welfare and that of the global community.
(a) The Economics of Consistency and Cooperative Action
Three key approaches address the potential benefits of creating barriers to the use of foreign works and implementing consistent mechanisms for property rights.
the economics of international trade and customs unions
the theory of clubs, and
Insights from international trade literature reveal that tariffs and trade barriers can be economically justified under certain conditions, such as domestic market distortions like economies of scale Additionally, while reducing tariff barriers in collaboration with trading partners enhances welfare for union members, pursuing alternative strategies can yield even greater benefits.
The theory of clubs emphasizes the benefits derived from collective ownership and consumption, highlighting the importance of balancing the number of participants It identifies an optimal group size that is greater than one yet less than infinite, allowing for effective modeling of decisions regarding club membership versus individual consumption This framework also enables the calculation of efficiency gains achieved through collaborative efforts.
In the technical compatibility literature the user prefers to consume or sample from a
Braunstein and White have developed models that predict how unregulated decision-makers behave when choosing between producing compatible or non-compatible products The social benefits of compatibility include reduced costs associated with translation devices and the elimination of the need for duplicate stocks in various languages or formats This contrasts with Chamberlin's concept of social welfare, which highlights the advantages of reducing market variety for lower unit costs through scale economies, regardless of consumer preferences for a diverse portfolio or specialty items.
The models I develop in this section are primarily based on those in the theory of international trade, although they also draw on the theory of clubs and compatibility literature
A key assumption in each model is that imported works cannot be accessed without a mechanism to enforce property rights This implies that one nation cannot unilaterally declare works created by foreign authors as public domain.
The rights mechanism as a barrier to trade
Country A aims to ensure property rights for its domestic database creators The challenge lies in determining how its laws and institutions will impact foreign creators, particularly regarding the costs they may incur to protect their works and sell them in A The decision for A to create barriers for foreign creators hinges on the economic distortions present within its own economy.
Economists approach these questions with models similar to those developed by Meade to determine the optimal tariff in the presence of such distortions: xvii
In these models, the "optimal barrier" enhances the welfare of either country A or all trading partners amidst existing distortions Specifically, global economic welfare is optimized when the economic cost of the rights mechanism, expressed as a percentage, aligns with the rate of distortion in the domestic market, adjusted for domestic supply and demand elasticities.
This result can be applied to the following scenarios:
To optimize the rights mechanism for identical databases (X and Y) produced domestically and abroad, it is crucial to impose costs on imported databases that are slightly lower than the distortions present in the domestic database industry However, two key considerations must be noted: firstly, the barrier should increase costs for each unit of the imported product sold, rather than merely imposing a one-time fixed cost, which would result in a deadweight loss to society Secondly, this approach represents a "second-best" solution, stemming from the inability to rectify the existing distortions in the domestic economy For maximizing economic welfare, it is generally more effective to address these distortions directly through means such as subsidies, despite potential adverse foreign trade and political consequences.
When domestic databases (X) and foreign databases (Y) are not perfect substitutes, an optimal scenario arises in the presence of a barrier This barrier should be set at a level lower than the domestic distortion present in X, and as the substitutability between X and Y increases, the ideal barrier heightens accordingly.
Country A should focus on producing hardware (X) domestically while importing complementary databases (Y) that operate on this hardware The negative cross-elasticity of demand between X and Y indicates that a reduction in costs for foreign database providers is essential To optimize this relationship, A should implement strategies like subsidies to encourage imports, fostering a more advantageous trade environment.
Economists focused on maximizing economic welfare may not align with policymakers, as different objectives can alter outcomes in various scenarios For instance, if the goal is to achieve a specific level of domestic production for an importable good, implementing a trade barrier, a production subsidy, or a combination of both may be the most effective approach, particularly if there are fluctuations in the terms of trade Similar conclusions can be drawn when the aim is to reduce the volume of imports.
(c) Advantages of an international agreement
SPECIAL AREAS OF CONCERN
This chapter explores the economic implications surrounding the protection of databases, focusing on whether databases containing scientific, technical, or cultural information possess unique qualities that differentiate them from other types It also discusses suitable policy measures for instances where a database serves as the exclusive source of specific information and is controlled by a private entity.
“captures” public information The final section addresses issues specific to the routing tables used in the Internet.
(a) Databases with Scientific and Technical Information or Cultural Content
There is an ongoing debate about the dissemination of certain types of information, with some advocating for the prohibition of property rights to ensure widespread access A notable example is the lack of copyright protection for U.S government works Conversely, others argue that specific information constitutes a nation's cultural heritage and should not be commodified or exploited commercially This perspective emphasizes that such information should not be utilized by for-profit entities, should remain within its country of origin, or be controlled by designated groups, and these arguments have been applied to databases in various contexts.
While the questions posed may not primarily concern economics, they undeniably possess an economic dimension These inquiries can be likened to extreme pricing scenarios: prohibiting protection resembles setting a price at zero, while blocking distribution equates to imposing an infinite price Interestingly, both approaches lead to the same outcome for database producers—zero revenue This occurs either due to the absence of pricing or the lack of sales and license fees As discussed in Chapter II, the long-term consequence of generating no revenue is a significant reduction in the incentive to produce the affected databases.
In the realms of scientific and technical information (STI) and cultural content, diverse motivations drive the creation of intellectual property While some individuals and organizations pursue intellectual property for reasons unrelated to profit, others are primarily motivated by financial gain Although it is argued that those not seeking profit may not require intellectual property rights (IPR) for motivation, this does not justify restricting IPR, as its incentive effects are beneficial to society.
The establishment of a profit-driven second group will foster the generation of more STI and cultural content, without diminishing the output from the first group Additionally, individuals in the first group can still choose to release their work into the public domain, even within a stringent intellectual property rights framework.
Critics argue that establishing database rights may primarily benefit producers in developed countries, as they believe developing nations and smaller countries lack the potential to create databases with scientific, technological, or cultural content However, evidence suggests otherwise, as Chapter III highlights the existence of numerous public databases from small and developing countries across Africa, Asia, Eastern Europe, and South America Notably, nearly 200 databases are produced in the Korean language, demonstrating the capacity for database development beyond affluent markets.
Cultural patrimony and indigenous scientific knowledge should be viewed as collective property belonging to specific cultures or groups, similar to communal grazing lands Advocates argue that community members should freely access these resources, while non-members, particularly from developed nations, should pay for their use This perspective aligns with optimal pricing strategies, as discussed in Chapter II, allowing for a dual market and dual pricing system for organized databases This approach resembles a compulsory licensing model with low or zero costs for local users However, a significant challenge arises from the reduced incentives that accompany compulsory licensing, as highlighted in the previous chapter.
Property rights empower researchers and database developers by allowing them to maintain control over their creations These rights are essential not only for their market potential but also for safeguarding creators against the unauthorized use of their work.
National treatment and reciprocity provisions can enable the developer of a database in one country protect his rights in other countries.
This article highlights several databases from developing countries that feature either scientific and technical information (STI) or cultural content It emphasizes the importance of recognizing the intellectual property associated with these databases, distinct from the actual records contained within them.
The Palace Museum in Beijing offers an informative guide to the various halls of the Imperial Palace and features details on special exhibitions Visit their official website at http://www.dpm.org.cn/index.html for more insights into the museum's rich history and current events.
“Painting Gallery” has 21 paintings from the Yuan and Ming dynasties It states:
Since 1997, the Palace Museum has undergone significant internal reorganization, transforming its three original departments into specialized units: the department of antiquities, the department of paintings and calligraphy, the palace department, and the exhibition, promotion, and education department With substantial investment, the museum established a resources and information center that launched its website, allowing global audiences to explore the palace's rich history and magnificent treasures This innovative platform has made the dream of a technologically advanced virtual Imperial Palace a reality, offering an immersive experience for visitors from afar.
If it so chose, the museum could protect the organization of the materials and the databases underlying website
Saki Mafundikwa, the director of the Zimbabwe Institute of Vigital Arts (ZIVA), is currently writing a book on the history of writing in Africa, which he aims to protect under traditional copyright law upon publication To support his research, he has created extensive databases of symbols, scripts, and signs from various African languages, showcasing the significant effort and organization involved in compiling these alphabets and syllabaries It would be unjust to deny him the right to protect his valuable work For more information, visit http://www.ziva.org.zw/afrikan.htm.
(iii) Council for the Development of Social Science Research in Africa
The Council for the Development of Social Science Research in Africa (CODESRIA) produces several databases These include:
The Roster of African Social Scientists
The Index of African Social Science Periodical Articles
The Directories of Research Projects and Training Institutes in Africa
Currently, the printed versions of these publications are available directly from
CODESRIA, based in Senegal and supported by distributors in France and the U.K., maintains a website hosted by the University of Pennsylvania (http://www.sas.upenn.edu/African_Studies/codesria/codes_Menu.html) With enhanced database protection, CODESRIA could consider making its databases accessible online or in various electronic formats.
(iv) Genetic Information in Iceland
Chapter III discusses the national database of genetic information, highlighting that deCODE Genetics has secured a 12-year exclusive marketing agreement for this database Relying solely on trade secrecy could jeopardize their property rights if parts of the database are published Conversely, the EU's sui generis approach permits the publication of records and datasets without risking the loss of these rights.
The debate surrounding the desirability of database protection has become entangled with various political and social issues, making the creation and marketing of this database a contentious topic Concerns have emerged regarding the implications of these databases, prompting discussions about their ethical and legal ramifications.
CONCLUSION
The economic analysis presented above followed an overall logic that can be summarized by the following key points:
1 A clear, adequate definition of property rights in databases enables markets for databases to develop and grow.
Robust protection of intellectual property rights (IPRs) in databases, with minimal limitations or exemptions, will foster the growth of local database production in developing countries, where such initiatives are already underway.
3 Recognition of parallel rights for foreign producers of databases enables trade that is in the interest of both parties.
4 The existence of differing approaches to the protection of databases across the developed countries is not likely to be a problem for the developing countries.
5 Policies designed to deal with special circumstances such as sole-source provision or the possibility of capture should be narrowly drawn.
When discussing database rights, it is crucial to differentiate between the unoriginal databases being analyzed and their content The content within the database fields and records may consist of original works that are already protected by copyright, or it may include works that are in the public domain.
Debates about the benefits of IPRs for developing and small countries are not new
In the Nineteenth Century, the patent systems in the Netherlands and Switzerland were suspended for extended periods, as noted by Machlup and Penrose However, the TRIPS Agreement has fostered a nearly universal consensus that both national laws and international agreements safeguarding intellectual property rights (IPRs) benefit countries of various sizes and economic development stages This study employs economic analysis to demonstrate that these findings also apply to the protection of database rights.
The article references the work of G P Bush and R H Dreyfuss in their edited volume "Technology & Copyright," published by Lomond in 1979 Additionally, it cites an empirical example from L B Pulley and Y M Braunstein's study on technological change, featured in the compilation "Communications and Information," edited by M Jussawalla and H Ebenfield.
Economics: New Perspectives (New York: Elsevier, 1984). iii F Ramsey, “A Contribution to the Theory of Taxation,” Economic Journal, 37:47-61 (1927). iv W J Baumol & D F Bradford, “Optimal Departures from Marginal Cost Pricing,” American
In the Economic Review (1970), M E Williams discusses the current state of databases in 2002, as outlined in the Gale Directory of Databases Additionally, Williams provides insights on intellectual property rights and their impact on economic development in a World Bank Discussion Paper from 2000 The World Intellectual Property Organization (WIPO) serves as the Secretariat for the Berne Convention, while UNESCO oversees the Universal Copyright Convention, highlighting the importance of copyright protection For further reference, see Article II, Clause 1 of the UCC.
Published works by nationals of any Contracting State, as well as those first published within that State, receive equal protection in all other Contracting States, similar to the rights afforded to works by its own nationals This principle is supported by the ruling in Feist Publications v Rural Telephone Service Corp., 499 U.S 340 (1991) Additionally, legislative efforts such as H.R 354, known as "The Collections of Information Antipiracy Act," highlight the ongoing discourse on intellectual property rights The insights in this chapter draw from Y M Braunstein's analysis on the economics of intellectual property in the international context, as published in the Journal of the American Society for Information Science Further theoretical frameworks can be explored in J Bhagwati's work, "The Pure Theory of International Trade: A Survey."
The article references several key works in economic theory, including J M Buchanan's "An Economic Theory of Clubs" and E H Chamberlin's "The Theory of Monopolistic Competition," highlighting their contributions to understanding market dynamics It also cites Y M Braunstein and L J White's examination of technical compatibility standards and discusses the implications of tariffs for protecting "infant industries," as noted by Haberler Additionally, the theory of the second best, explored by R G Lipsey and K Lancaster, is presented as a crucial concept in economic analysis.
It is likely that in many instances, an export bounty rather than a customs duty may be more appropriate, as external economies are often more achievable in export industries than in import industries The prevalence of the infant industry argument primarily advocating for import restrictions, while rarely supporting the opposite, highlights a clear bias among its proponents.
In "A Survey of International Trade Theory" (Princeton, 1961), W M Corden explores the impact of tariffs and subsidies on trade terms (Economica, 1957) H G Johnson discusses optimal trade intervention amidst domestic distortions in "Trade, Growth, and the Balance of Payments" (1965) Key insights into customs unions are provided by J Viner in "The Customs Union Issue" (1950) and R G Lipsey in "The Theory of Customs Unions: A General Survey" (Economic Journal, 1960) Meade's "Trade and Welfare" (Ch 32) elaborates on the conditions for these trade results Additionally, Cooper and Massell offer a fresh perspective on customs union theory in the Economic Journal (1965) It's important to note that U.S copyright law (17 U.S Code, Section 105) specifies that copyright protection does not extend to works of the United States Government.