In The Problem of Social Cost, Ronald Coase demonstrates that economic efficiency does not require that those acting in a market should be legally responsible for all the harm they cause. He offers numerous examples from nuisance law, and this essay argues that intellectual property infringement...

Genetically modified pollen drifting onto the field of a neighboring farm may cause substantial harm. If the bystanding farmer is growing non-genetically modified crops, she may suffer a pecuniary loss due to genetic pollution. If the pollen is patented, the patentee may also claim harm stemming...