Hardback
Intellectual Property as a Complex Adaptive System
The role of IP in the Innovation Society
9781800378377 Edward Elgar Publishing
This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale.
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Critical Acclaim
Contributors
Contents
More Information
This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity.
Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.
Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.
Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.
Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.
Critical Acclaim
‘Intellectual Property as a Complex Adaptive System will serve as a useful source for seasoned researchers and practitioners alike, who are interested in an interdisciplinary approach to IP.’
– Anastasiia Kyrylenko, The IPKat
‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’
– Robert Brauneis, The George Washington University Law School, US
‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’
– Marketa Trimble, University of Nevada, Las Vegas, US
– Anastasiia Kyrylenko, The IPKat
‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’
– Robert Brauneis, The George Washington University Law School, US
‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’
– Marketa Trimble, University of Nevada, Las Vegas, US
Contributors
Contributors: R. Abbott, C. Augenstein, B. Conde Gallego, M. D’Ostuni, R. Dreyfuss, D.A. Harper, A. Kamperman Sanders, G. Mazziotti, A. Moerland, A. Zappalaglio
Contents
Contents:
Introduction to Intellectual Property as a Complex Adaptive System xv
Anselm Kamperman Sanders and Anke Moerland
PART I PATENTS AND INNOVATION
1 Intellectual property as a complex adaptive system 2
Anselm Kamperman Sanders and Anke Moerland
2 Intellectual property rights structures as complex and
emergent phenomena 18
David A. Harper
3 How to protect technology: enforcement of patents in
Europe today and in the future 43
Christof Augenstein
4 SEP licensing in the Internet of Things: is there a case for
a duty to license upstream implementers? 60
Beatriz Conde Gallego
5 Patent quantity concerns under competition law 82
Marco D’Ostuni
6 The machine having ordinary skill in the art 102
Ryan Abbott
PART II MARKETS, COLLECTIVE MANAGEMENT
AND CREATIVITY
7 Sui generis , bureaucratic and based on origin: a snapshot
of the nature of EU Geographical Indications 130
Andrea Zappalaglio
8 The role of market-driven and legislative solutions to
online music licensing in Europe 151
Guiseppe Mazziotti
PART III INSTITUTIONS AND JUSTICE
9 Investor-state dispute settlement as a constraint on
intellectual property lawmaking 178
Rochelle Cooper Dreyfuss
Index
Introduction to Intellectual Property as a Complex Adaptive System xv
Anselm Kamperman Sanders and Anke Moerland
PART I PATENTS AND INNOVATION
1 Intellectual property as a complex adaptive system 2
Anselm Kamperman Sanders and Anke Moerland
2 Intellectual property rights structures as complex and
emergent phenomena 18
David A. Harper
3 How to protect technology: enforcement of patents in
Europe today and in the future 43
Christof Augenstein
4 SEP licensing in the Internet of Things: is there a case for
a duty to license upstream implementers? 60
Beatriz Conde Gallego
5 Patent quantity concerns under competition law 82
Marco D’Ostuni
6 The machine having ordinary skill in the art 102
Ryan Abbott
PART II MARKETS, COLLECTIVE MANAGEMENT
AND CREATIVITY
7 Sui generis , bureaucratic and based on origin: a snapshot
of the nature of EU Geographical Indications 130
Andrea Zappalaglio
8 The role of market-driven and legislative solutions to
online music licensing in Europe 151
Guiseppe Mazziotti
PART III INSTITUTIONS AND JUSTICE
9 Investor-state dispute settlement as a constraint on
intellectual property lawmaking 178
Rochelle Cooper Dreyfuss
Index
