This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized.
The original contributions illustrate how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and license specifications.
Providing contemporary empirical studies and covering public administration, collective and open approaches, and regulation of private transactions, this comprehensive book will prove a stimulating read for academics and students of law, business and management and development studies. Government policy makers and regulators as well as IP managers and advocates will also find much to provoke thought.
Edited by Christopher Arup, Professor of Business Law, Faculty of Business and Economics, Department of Business Law and Taxation, Monash University, Australia and William van Caenegem, Professor of Law, Bond University, Australia
Contents: 1. Themes and Prospects for Intellectual Property Law Reform Christopher Arup and William van Caenegem PART I: INTELLECTUAL PROPERTY GRANTS 2. Why Patents Need Reform, and Some Suggestions for It William Kingston 3. What are the Costs and Benefits of Patent Systems? Hazel V.J. Moir 4. Strong Patent Rights, Weak Patent Standards and Innovation in Biomedicine Dianne Nicol 5. The Jewel in the Crown: India's Patent Office and Patent-based Innovation Peter Drahos 6. The First Steps in Remedying the Relationship between Patents and Competition Charles Lawson PART II: OPEN INTELLECTUAL PROPERTY SYSTEMS 7. An Introduction to Open Source Biotechnology Janet Hope 8. Intellectual Property, Innovation and Openness Ulf Petrusson and Caroline Pamp 9. Wikipedia, Collective Authorship and the Politics of Knowledge Matthew Rimmer 10. Copyright and the New Street Literature Megan Richardson and Jason Bosland PART III: INTELLECTUAL PROPERTY TRANSFERS 11. Commercialization of University Research and Free Diffusion - What does Experience Show Works Best in and for Australia? Ann L. Monotti 12. Pervasive Incentives, Disparate Innovation and Intellectual Property Law William van Caenegem 13. Commodifying Sheer Talent: Perverse Developments in the Law's Enforcement of Restrictive Covenants Joellen Riley 14. Split Entitlements? Intellectual Property Policy for Clusters and Networks Christopher Arup 15. Conclusion William van Caenegem and Christopher Arup Index