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This collection is an inspiration and a delight for those advocates
fighting for access to knowledge in the 21st century. The work
highlights a number of 21st century challenges - including the
obstacles of restrictive licensing; the barriers and obstacles of
intellectual property; and the threats posed by international trade
agreements. This collection provides a toolbox of policy solutions
to deal with such hazards. The work highlights how information and
knowledge can be unlocked through open access licensing,
progressive intellectual property law reform, and fair trade.' -
Matthew Rimmer, Australian Research Council, ANU College of Law and
the Australian Centre for Intellectual Property in Agriculture'In a
knowledge economy, access to information and knowledge takes on an
ever-increasing role. But certain knowledge outputs are protected
by exclusive intellectual property rights, which in one way or
another restrict access to some information. It is therefore timely
to examine these access issues in greater detail. The fact that
this volume offers such a detailed analysis is its greatest
strength. The in-depth analysis of all these aspects makes this a
truly fascinating book!' - Paul Torremans, University of
Nottingham, UK 'This is an important book that brings together
leading scholars from Europe and the United States to explore the
access challenge in intellectual property law. It reframes the
debate by focusing on the critical role of timely access to
information in innovation-based economies. Well worth the read.' -
Michael W. Carroll, American University Washington College of Law,
US Massive quantities of information are required to fuel the
innovation process in a knowledge-based economy; a requirement that
is in tension with intellectual property (IP) laws. Against this
backdrop, leading thinkers in the IP arena explore the 'access
challenge' of the 21st century, framed as the tension between the
interest in the free flow of information and the fragmentation of
knowledge resulting from strong IP laws. In some areas this tension
seems to resolve in a shift of IP laws in the direction of greater
openness, whether due to new business models, improved legal tools
or access-friendly interpretations of existing laws. The book's
chapters explore the challenges encountered by this 'opening'
process from various perspectives, including: - open access to
public sector and scientific research data - enhanced use of
licensing - reshaping the contours of individual IP laws -
inclusion of new stakeholders in the IP debate - challenges to the
information flow in the international arena. In identifying some of
the core IP-related challenges to the process of adapting to the
knowledge needs of the new economy, this book will provide an
enlightening read for academics, policymakers and lawyers concerned
with IP laws and the flow of knowledge. Contributors: J. Axhamn, D.
Beldiman, D.L. Burk, E. Ellyne, C. Geiger, L. Guibault, R. Kampf,
M. Marzetti, M. Ricolfi, I. Schneider, M. Senftleben, A. Stazi, P.
Yu
This timely collection guides us to rethink the role of
intellectual property law in a shared knowledge environment.
Covering a wide range of topics - from smartphone wars to fashion
design and from synthetic biology to digital content - this book
greatly advances our understanding of open and collaborative
innovation.' - Peter K. Yu, Drake University Law School,
USInnovation, Competition and Collaboration explores intellectual
property (IP) in an era of fast-paced innovation, where private
contractual arrangements for shared use of IP are seen to enhance
competitive advantage. This timely book examines emerging
innovation models and offers a forward-thinking, globalized
perspective on critical developments in IP law. As innovation
processes become increasingly collaborative, new relationships
among players in the innovation space emerge. These developments
demand new legal structures that allow horizontally integrated,
open and shared use of IP. In this book, expert contributors review
fundamental issues surrounding the collaborative use of IP and
discuss emerging trends. The topics discussed include: the
interpretation of FRAND terms in the context of standard essential
patents; secondary liability of technology providers; contractual
arrangements in trademark law, and the treatment of IP issues in
specific emerging industries. Academics and practitioners alike
will find this compelling discussion both informative and
pragmatic, benefiting from the insight into how and why, in this
modern innovation environment, competitive advantage is not
premised solely on IP exclusivity. Contributors: D. Beldiman, M.W.
Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A.
Stazi, T. Vinje, J. De Werra, J.B. Wested
This publication examines the legal aspects of the spare parts
market from an IP perspective: specifically whether design
protection for spare parts of a complex product extends to the
spare part aftermarket, or whether that market should remain open
to competition. The stakeholders' equally weighty arguments that
must be balanced against are, on the one hand, the property
interest in an earned IP right in the design of the part; and on
the other, enhanced competition, likely reflected in lower prices.
The mounting tension between these two positions is manifest an
increased number of lawsuits in both the US and the EU. This book
provides a discussion of the legal issues involved in this debate
from a global perspective, with special focus on the EU and the US.
Part I contextualizes the legal debate by discussing the historical
background, the competitive situation and the respective
stakeholder positions. Part II examines the relevant legal
questions on a comparative basis, evaluating the likelihood of its
adoption in the jurisdictions examined. Concluding that adoption is
unlikely, Part III proposes a number of possible considerations
meant to further compromise. Part IV concludes with a future
outlook, specifically in light of the impact of technological
development on this market.
It has become the practice to claim copyright protection for
virtually every piece of 'writing' or its electronic equivalent,
created by knowledge professionals - from business plans for a
start-up company to the instruction manual for use of a motorized
saw and to specifications for pipeline tenders. This paper posits
that the legal doctrine of copyright was never intended, and is not
equipped, to regulate the very building block of our
society-information. When used to protect utilitarian information
products (UIW) en masse, copyright can impede the flow of
information necessary for innovation, foster waste in the form of
redundant creation and adversely impact competition in the market.
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