Mechanisms to Enable Follow-On Innovation

Mechanisms to Enable Follow-On Innovation
Author: Alina Wernick
Publisher: Springer Nature
Total Pages: 450
Release: 2021-05-13
Genre: Law
ISBN: 3030722570

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Mechanisms to Enable Follow-On Innovation

Mechanisms to Enable Follow-On Innovation
Author: Alina Wernick
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN: 9783030722586

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Intellectual Property Rights in the Post Pandemic World

Intellectual Property Rights in the Post Pandemic World
Author: Taina Pihlajarinne
Publisher: Edward Elgar Publishing
Total Pages: 377
Release: 2023-12-11
Genre: Law
ISBN: 1803922745

The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.

Biotechnology, Patents and Human Rights in Europe

Biotechnology, Patents and Human Rights in Europe
Author: Helena Żakowska-Henzler
Publisher: Edward Elgar Publishing
Total Pages: 267
Release: 2023-07-01
Genre: Political Science
ISBN: 1803920262

This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US
Author: Thorsten Käseberg
Publisher: Bloomsbury Publishing
Total Pages: 284
Release: 2012-06-08
Genre: Law
ISBN: 1847319580

For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Digital-for-Development: Enabling Transformation, Inclusion and Sustainability Through ICTs

Digital-for-Development: Enabling Transformation, Inclusion and Sustainability Through ICTs
Author: Patrick Ndayizigamiye
Publisher: Springer Nature
Total Pages: 336
Release: 2023-03-17
Genre: Education
ISBN: 3031284720

This book constitutes the refereed proceedings of the 12th International Development Informatics Association Conference, IDIA 2022, held in Mbombela, South Africa, in November 2022. The 20 revised full papers presented in this volume were carefully reviewed and selected from 61 submissions. The papers are organized in topical sections on​ theories and practices in digital-for-development ecosystems; emerging technologies for transformation, inclusion and sustainable development; privacy and security in digital-for-development ecosystems; human-computer interaction (HCI) for digital inclusion; artificial intelligence (AI) for good.

Innovation Leadership in Practice

Innovation Leadership in Practice
Author: Karina R. Jensen
Publisher: Emerald Group Publishing
Total Pages: 406
Release: 2023-12-07
Genre: Business & Economics
ISBN: 1837533962

Innovation Leadership in Practice provides a unique source of new insights on the role of innovation leadership and effective practices through conceptual models, empirical case studies, development interventions, and tools.

Knowledge Governance

Knowledge Governance
Author: Nicolai J. Foss
Publisher: OUP Oxford
Total Pages: 310
Release: 2009-01-08
Genre: Business & Economics
ISBN: 0191553069

While there are many books on knowledge management, knowledge governance is a concept that has not been so well explored, and is much less understood. Knowledge governance refers to choosing structures and mechanisms that can influence the processes of sharing and creating knowledge. The book argues that knowledge governance is a distinct issue in management and organization because knowledge processes differ on several dimensions from routine and more traditional processes. The relationship between governance issues and knowledge processes is under-researched, theoretically as well as empirically. Thematically, knowledge governance cuts across fields such as general management, human resource management, the management of intellectual capital, innovation theory, strategic management, technology strategy, and international business. Not surprisingly, existing ideas are developed from the perspectives of different fields and from different underlying disciplinary foundations; however, it often remains unclear how these ideas relate together and how they differ in terms of unit of analysis, mode of analysis, underlying logic and assumptions, etc. This book is an important step towards overcoming the existing fragmentation in the field by providing a multi-disciplinary collection of chapters on knowledge governance. While the single chapters accentuate the pluralism in the field, they all examine issues that constitute the essence of knowledge governance.