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Link turn – small companies prefer stronger patent rights to weak patent rights - studies

Gregory N. Mandel, 14. Madel is the Peter J. Liacouras Professor of Law & Associate Dean for Research, Temple University—Beasley School of Law. J.D., Stanford Law School; B.A., Wesleyan University. “The Public Perception of Intellectual Property.” Florida Law Review, Volume 66, Issue 1 Article 5, Available at: http://scholarship.law.ufl.edu/flr/vol66/iss1/5

The finding that younger people prefer weaker intellectual property rights is consistent with past studies that have found similar results when examining attitudes toward file sharing on the Internet.145 There does appear to be a generational divide concerning intellectual property protection. Interesting, here, is that most past research has focused on individual attitudes towards copyright protection, primarily in the context of the Internet, while the present study finds an age effect for the full population, across the patent and copyright conditions. This study appears to be the first to indicate that the generational divide concerning intellectual property rights cuts across intellectual property domains. Perhaps more surprising, the regressions reveal that having lower income correlates with a desire for stronger intellectual property rights. One possible explanation for this result is that the popular notion of the small innovator hitting it big with a creative achievement may be particularly attractive to those with lower income.146 For those with higher income, intellectual property rights may be perceived as being more likely to interfere with established business operations. Consistent with this analysis, smaller companies tend to prefer stronger patent rights than larger companies, in part for these reasons.147 The study also finds an overall effect on intellectual property strength preferences with respect to an individual’s education: being more educated correlates with a preference for greater intellectual property protection. Though the causal explanation for this relationship is not necessarily clear, more educated individuals may tend to perceive a greater likelihood of being able to personally profit off of their own creativity or inventiveness. In addition, more educated individuals could place a higher value on creativity and innovation.

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