Bens Imateriais, Teoria dos Clubes e Análise Econômica do Direito

Carolina Leister


The purpose of this article is to explore the heuristical potential of the theory of the clubs concerning intellectual protection. To this end, it identifies technological innovation and free market as substitute public goods and the intellectual protection as a legal mechanism of market limitation necessary to solve the market failure involving the small offer of innovation due to the free-rider behavior in a structure of free market. However, to justify this limitation against the basic principle of the free market, defended as a public good in the Federal Constitution, the intellectual protection is interpreted, according to the theory of the clubs, as a mechanism of exclusion to regulate the dimensions of the market, keeping it as much as possible to the structure of free market, but allowing the differentiation of products.


intellectual protection, public goods, club goods, technological innovation, free market and formation of clubs.


Economic Analysis of Law Review  -  ISSN 2178-0587

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