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Working Within the Boundaries of Intellectual Property

Working Within the Boundaries of Intellectual Property Innovation Policy for the Knowledge Society

Author: Rochelle Dreyfuss; Harry First; Diane L. Zimmerman
Publisher: Oxford University Press
ISBN: 9780199573608
Published In: March 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contains original expert writing which focuses on the fragmentation of intellectual property protection rights and the complex framework this expansion of rights has created
Includes the substantive empirical research that has been conducted since the first volume, Expanding the Boundaries of Intellectual Property, on how creative enterprises deal with the new terrain of legal rights
Includes analysis of new intellectual property protection regimes including patent and database protection in the US and the EU
Examines the areas where modifications in existing legislation may be needed to facilitate desired outcomes or to minimize clashes between private ordering and the public interest
Expert contributor team is drawn from a variety of fields, including law, legal practice, economics, library science, and sociology

This book is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, published by Oxford University Press in 2001. That book argued for strong private rights whilst at the same time calling for caution in the expansionary trend. In the period since the first volume, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created. At the core of the book are considerations of such initiatives as patent clearing models, standard setting organizations, licensing arrangements and informal work-arounds. It also examines the measures that seek to protect the public domain, including strategic licensing, collective rights organizations, and non-profit ventures such as creative commons and open-source publishing. Drawing on expertise from a number of disciplines including law, economics and sociology, the book is international in approach and fuses scholarly research with legal practice. It will be of great interest to scholars in intellectual property and innovation, policy-makers, and practitioners with an interest in the future of the field.

Readership: This book takes an interdisciplinary and international approach which will be of interest to scholars in intellectual property and innovation, policy-makers, and practitioners with an interest in the future of the field. Either as a book in its own right, or together with the companion volume 'Working Within the Boundaries of Intellectual Property', it will be a useful resource to law schools, business schools and individuals working in the area.

Part I:Long-Lived Rights and the Anti-Commons

1: Wesley M. Cohen and John P. Walsh: Access-or not-in Academic Biomedical Research

2: Diane Leenheer Zimmerman: Cultural Preservation: Fear of Drowning in a Licensing Swamp

3: R. Anthony Reese: Preserving the Unpublished Public Domain

Part II: Collective Strategies

4: Katherine J. Strandburg: Norms and the Sharing of Research Materials and Tacit Knowledge

5: Niva Elkin-Koren: User-Generated Platforms

6: Theodore C. Bergstrom and Daniel L. Rubinfeld: Alternative Economic Designs for Academic Publishing Rebecca S. Eisenberg: Comment: Costs, Norms, & Inertia: Avoiding an Anticommons for Proprietary Research Tools Michael W. Carroll: Comment: The Role of Copyright Law in Academic Journal Publishing Ann Okerson: Comment: The Cost of Utopia: Scholarly Publishing - A Perspective from a Research University Josef Drexl: Comment: In Favor of a Multi-Track Copyright System

7: Sean M. O'Connor: IP Transactions as Facilitators of the Globalized Innovation Economy

8: Eric Brousseau, Natalia Lyarskaya, and Carlos Muñiz: Complementarities Among Governance Mechanisms: An Empirical and Theoretical Assessment of Cooperative Technology Agreements

9: Carol Mimura: Nuanced Management of IP Rights: Shaping Industry-University Relationships to Promote Social Impact

10: Geertrui Van Overwalle: Designing Models to Clear Patent Thickets in Genetics

11: Richard Gilbert: The Essentiality Test for Patent Pools

Brian D. Wright: Comment: Agricultural Biotechnology: The Quest to Restore Freedom to Operate in the Public Interest

Nancy Kopans: Comment: Aggregation of Scholarly Content in the Digital Era: Reaping the Benefits, Identifying the Challenges

Part III: Public Ordering: The Possibilities and Limits of Government Intervention

12: Daniel A. Crane: Patent Pools, RAND Commitments, and the Problematics of Price Discrimination

13: Ariel Katz: Copyright Collectives: Good Solution but for Which Problem? June M. Besek: Comment: Enabling Digital Preservation by Expanding the Library Exceptions in the US Copyright Act: The Section 108 Study Group

14: Margaret Chon: A Rough Guide to Global Intellectual Property Pluralism

15: Jane C. Ginsburg: Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPS?

Edited by Rochelle C. Dreyfuss, Pauline Newman Professor of Law, New York University School of Law, Director, Engelberg Center on Innovation Law and Policy at New York University, Diane L. Zimmerman, Samuel Tilden Professor of Law Emerita, New York University School of Law, and Harry First, Charles L. Denison Professor of Law, Director, Trade Regulation Program, New York University School of Law

Contributors:

Theodore C. Bergstrom - Professor of Economics, University of California, Santa Barbara
June M. Besek - Executive Director, Kernochan Center for Law, Media and the Arts, Columbia Law School
Eric Brousseau - Professor of Economics, University of Paris Ouest
Michael W. Carroll - Professor of Law, American University's Washington College of Law
Margaret Chon - Associate Dean for Research and Centers, Seattle University School of Law
Wesley M. Cohen - Professor of Economics and Management, Fuqua School of Business, Duke University
Daniel A. Crane - Professor of Law, University of Michigan and counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Josef Drexl - Director, Max Planck Institute for IP, Competition & Tax Law, Director, Munich IP Law Center
Rochelle C. Dreyfuss - Professor of Law, New York University, Director, Engelberg Center on Innovation Law and Policy
Rebecca S. Eisenberg - Professor of Law, University of Michigan Law School
Niva Elkin-Koren - Professor of law at the University of Haifa School of Law
Harry First - Professor of Law, New York University
Richard Gilbert - Emeritus Professor of Economics, University of California, Berkeley, Senior Consultant, CompassLexecon
Jane C. Ginsburg - Professor of Literary and Artistic Property Law, Columbia University School of Law
Ariel Katz - Associate Professor at the Faculty of Law, University of Toronto
Nancy Kopans - Secretary and General Counsel at JSTOR
Natalia Lyarskaya - Ph.D. candidate in Economics, University Paris Ouest
Ronald J. Mann - Professor of Law, Columbia Law School
Carol Mimura - Assistant Vice Chancellor, University of California, Berkeley
Carlos Muñiz - PhD candidate, University of Paris Ouest and the Catholic University of Argentina
Sean M. O'Connor - Professor of Law, University of Washington, School of Law, Seattle
Ann Okerson - Library Science specialist, Yale
R. Anthony Reese - Professor of Law, University of California, Irvine
Prof. Daniel L. Rubinfeld - Professor of Law and Economics, University of California, Berkeley
Katherine J. Strandburg - Professor of Law, New York University School of Law
Geertrui Van Overwalle - Professor of Industrial Property Law, University of Leuven
John P. Walsh - Professor of Public Policy, Georgia Institute of Technology
Brian D. Wright - Professor of Agricultural and Resource Economics, University of California, Berkeley
Diane Leenheer Zimmerman - Professor of Law Emerita, New York University

"This is a rich and exciting volume that takes on board the expansive trajectory of intellectual property protection and explores through many prisms, within the boundaries given, challenges and solutions for information-society innovation." - Professor Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law

"Working within the Boundariesexamines a broad spectrum of market and nonmarket private ordering tools, ranging from patent pools and collective licensing to creative commons and open science publishing, for managing our current regime of broad intellectual property rights. As the eminent contributors to this volume elucidate in rich, nuanced, granular detail, those tools are designed to overcome the obstacles that broad intellectual property rights can pose to public access to creative expression and inventions and the ability of creators and inventors to build upon existing works - and are only partly successful in achieving those goals. This book presents an invaluable interdisciplinary analysis of how copyright and patent actually operate on the ground in today's knowledge economy." - Neil W. Netanel, Pete Kameron Endowed Chair in Law, UCLA School of Law