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tragedy of the anticommons
The tragedy of the anticommons is a type of coordination breakdown, in which a single resource has numerous rightsholders who prevent others from using it, frustrating what would be a socially desirable outcome. It is a mirror-image of the older concept of tragedy of the commons, in which numerous rightsholders' combined use exceeds the capacity of a resource and depletes or destroys it.〔 The "tragedy of the anticommons" covers a range of coordination failures including patent thickets, and submarine patents. Overcoming these breakdowns can be difficult, but there are assorted means, including eminent domain, laches, patent pools, or other licensing organizations.
The term originally appeared in Michael Heller's 1998 article of the same name and is the thesis of his 2008 book. In a 1998 ''Science'' article, Heller and Rebecca Eisenberg, while not disputing the role of patents in general in motivating invention and disclosure, argue that biomedical research was one of several key areas where competing patent rights could actually prevent useful and affordable products from reaching the marketplace. Proponents of the theory claimed that too many property rights could lead to less innovation.
==Classic example==
In Heller's 1998 ''Harvard Law Review'' article,〔 he noted that after the fall of Communism, in many Eastern European cities, there were a lot of open air kiosks, but also a lot of empty stores. Upon investigation, he concluded that because many different agencies and private parties had rights over the use of store space, it was difficult or even impossible for a startup retailer to negotiate successfully for the use of that space. Even though all the persons with ownership rights were losing money with the empty stores, and stores were in great demand, their competing interests got in the way of the effective use of space.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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