Intellectual Property Policy Reform
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Intellectual Property Policy Reform

Fostering Innovation and Development

9781848441637 Edward Elgar Publishing
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
Publication Date: 2009 ISBN: 978 1 84844 163 7 Extent: 336 pp
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 then show 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 licence specifications.

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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.
Contributors
Contributors: C. Arup, J. Bosland, P. Drahos, J. Hope, W. Kingston, C. Lawson, H.V.J. Moir, A.L. Monotti, D. Nicol, C. Pamp, U. Petrusson, M. Richardson, J. Riley, M. Rimmer, W. van Caenegem
Contents
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

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