Details
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.
Introduction
Dana Beldiman
PART I: ACCESS TO INFORMATION IN THE PUBLIC SECTOR AND IN SCIENTIFIC RESEARCH
1. Public Sector Information as Open Data: Access, Re-Use and the Third Innovation Paradigm
Marco Ricolfi
2. Licensing Research Data under Open Access Conditions under European Law
Lucie Guibault
PART II: THE CONCEPTUAL CONTOURS OF INTERNATIONAL PROPERTY LAWS FROM AN ACCESS PERSPECTIVE
3. Intellectual Property in the Cathedral
Dan L. Burk
4. Trademark Law and the Public Domain
Martin Senftleben
5. Patent Eligibility – the ‘Sick-Man’ of Patent Law
Erika Ellyne
6. Exceptions, Limitations and Collective Management of Rights as Vehicles for Access to Information
Johan Axhamn
PART III: EXPANDING THE DEBATE TO INCLUDE NEW STAKEHOLDERS
7. Synergetic Interaction Between Intellectual Property and Consumer Protection: A Pragmatic Proposal to Rebalance Incentives and Access
Andrea Stazi and Maximiliano Marzetti
8. Framing and Explaining the Politicization of Intellectual Property Rights in the Knowledge Society
Ingrid Schneider
PART IV: ACCESS IN THE INTERNATIONAL ARENA – FROM TRIPS TO COUNTRY CLUB TREATIES
9. From Data to Wisdom: The Contribution of Intellectual Property Rights to the Knowledge Pyramid
Roger Kampf
10. The ACTA/TPP Country Clubs
Peter K. Yu
11. Rethinking the Enforcement of Intellectual Property Rights at International Level
Christophe Geiger
Edited by Dana Beldiman, Bucerius Law School, Germany and University of California, Hastings College of Law, US
‘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
