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Innovation the loser from book 'expropriation' : Comments
By Alan Moran, published 29/7/2009Higher returns for authors mean more incentive to innovate (the reason for granting patents and copyrights in the first place).
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The Government apparently does have the power to override agreements freely entered into whereby the buyer agrees to refrain from selling or requiring subsequent buyers to do so into designated markets. Whether it should have such power is a different matter.
Some want to end restraint on parallel imports maintianing that this accords with "trade liberalisation" but in reality it may be closer to expropriation of a property right. It may be argued, in the defence of those promoting the permitting of parallel imports, that the government is refusing to police the contract because it is too difficult to do so. This may also be the case why the seller, off her own volition, does not take aggressive action in the courts.
In fact, that would be the reason why we don't see more price discrimination than is evident. Minor price differences from market to market are however frequently observed. They are seen in the car industry, where the dealer has a limited capacity to bargain and will set his price based on the buyer’s eagerness (George Constanza counselled Seinfeld to, “Tell him your walking away from the deal!”).
Taking advantage of different customer segments’ responsiveness to price (that is price elasticity of demand) for the same product is rarely easy. As illustrated by the Lead Belly song “The Rock Island Line”, price discrimination can be undermined by practicable considerations. In that case, a train operator claimed to be carrying livestock rather than pig iron, thereby paying a reduced toll.