Description
Book SynopsisThis timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.'
- Peter K. Yu, Drake University Law School, US
Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.
As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.
Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.
Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested
Trade Review‘This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics – from smartphone wars to fashion design and from synthetic biology to digital content – this book greatly advances our understanding of open and collaborative innovation.’ -- Peter K. Yu, Drake University Law School, US
Table of ContentsContents: INTRODUCTION Exclusion and Inclusion: The Role of IP Laws in a Shared Knowledge Environment Dana Beldiman PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW 1. Coopetition: The Role of IPRs Gustavo Ghidini and Andrea Stazi 2. FRAND, Hold-up and Hold-out Thomas Vinje 3. Standardization, IPRs and Open Innovation in Synthetic Biology Timo Minssen and Jakob B. Wested PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT 4. Openness in Trademark Law: A Viable Paradigm? Annette Kur 5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation Jacques de Werra 6. Expressive Dimensions of Design: A Question of Incentive? Dana Beldiman PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT 7. A Positive Status for the Public Domain Séverine Dusollier 8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success Michael W. Carroll 9. Exhaustion of Rights: A Concept for the Digital World? Ansgar Ohly Index
