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Monopoly
Barriers to Entry: Reasons for Monopolies to Exist
Economics Textbooks Boundless Economics Monopoly Barriers to Entry: Reasons for Monopolies to Exist
Economics Textbooks Boundless Economics Monopoly
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Economics
Concept Version 7
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Legal Barriers

The government creates legal barriers through patents, copyrights, and granting exclusive rights to companies.

Learning Objective

  • Identify the legal conditions that lead to monopolistic power.


Key Points

    • Intellectual property rights are an example of legal barriers that give rise to monopolies.
    • A copyright gives the creator of an original creative work exclusive rights to it for a limited time. This provides an incentive for the continued creation of innovative goods.
    • A patent is a limited property right the government gives inventors in exchange for the details of their invention being made public.
    • The government can provide exclusive or special rights to companies that legally allow them to be monopolies.

Terms

  • patent

    A declaration issued by a government agency declaring the inventor of a new product has the privilege of stopping others from making, using or selling the claimed invention for a limited time.

  • Copyright

    A legal concept that gives the creator of an original work exclusive rights to it, usually for a limited time, with the intention of enabling the creator to be compensated for his or her work.


Full Text

In some cases, the government will grant a person or firm exclusive rights to produce a good or service, enabling them to monopolize the market for this good or service. Intellectual property rights, including copyright and patents, are an important example of legal barriers that give rise to monopolies.

Copyright

Copyright gives the creator of an original creative work (such as a book, song, or film) exclusive rights to it, usually for a limited time, with the intention of enabling the creator to be compensated for his or her work . The intent behind copyright is to promote the creation of new works by providing creators the opportunity to profit from their works. The copyright holder receives the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, and who may financially benefit from it, along with other related rights. When the copyright on a work expires, the work is transferred to the public domain, enabling others to repurpose and build on the work.

Copyright

Copyright is an example of a temporary legal monopoly granted to creators of original creative works.

Patent

A patent is a limited property right the government gives inventors in exchange for their agreement to share the details of their invention with the public. During the term of the patent, the patent holder has the right to exclude others from making, using, or selling the patented invention. The patent provides incentives (1) to invent in the first place, (2) to disclose the invention once it is made, (3) to make the necessary investments in research and development, production, and bringing the invention to market, and (4) to innovate by designing around or improving upon earlier patents. When a patent expires and the invention enters the public domain, others can build on the invention.

For example, when a pharmaceutical company first markets a drug, it is usually under a patent, and only the pharmaceutical company can sell it until the patent expires. This allows the company to recoup the cost of developing this particular drug. After the patent expires, any pharmaceutical company can manufacture and sell a generic version of the drug, bringing down the price of the original drug to compete with new versions.

Government Granted Monopoly

It is also possible that there is a monopoly because the government has granted a single company exclusive or special rights. The water utility company, for example, is a monopoly in your area because it is the only organization granted the right to provide water. Another example is that the Digital Millenium Copyright Act the proprietary Macrovision copy prevention technology is required for analog video recorders. Though other forms of copy prevention aren't prohibited, requiring Macrovision effectively gives it a monopoly and prevents more effective copy prevention methods from being developed.

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