The use of intellectual property rights is seeing unparalleled success across the world, yet this success is paradoxical and is often out of line with modern-day needs for innovation protection. This is demonstrated by the proliferation of litigious patents in domains such as software and genetic resources, the cost of licenses and claims for damages, […]
The use of intellectual property rights is seeing unparalleled success across the world, yet this success is paradoxical and is often out of line with modern-day needs for innovation protection. This is demonstrated by the proliferation of litigious patents in domains such as software and genetic resources, the cost of licenses and claims for damages, the predatory behavior of patent trolls and the wide-scale piracy of copyrighted works.
Despite this, practices which have been developed recently go much further than the traditional approach of innovation protection based on the right to exclude. Not only in cases of open source models, these legal tools also often constitute the foundations of collaborative innovation. Furthermore, for some time now public authorities have become aware of the important need for reform. There remains a lot to be done in order to improve the way in which intellectual property contributes to the rise in new forms of innovation and technology.
1. The Rationale of the System and the Diversity of the Forms of Protection.
2. How Companies Choose these Tools.
3. How Effective is the System in Terms of Social Welfare? The Dimensions of the Problem.
4. How Companies Use Intellectual Property.
5. What is the Contribution Made to Emerging Forms of Innovation?
6. The Main Trends of Intellectual Property Regimes.
7. A System that is the Victim of its own Success or an Anomaly that should be Remedied?
8. Overall Assessment and Conclusion.
