Intellectual property and innovation protection : new practices and new policy issues /
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Main Author: | |
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Corporate Author: | |
Format: | Electronic eBook |
Language: | English |
Published: |
London, UK : Hoboken, NJ, USA :
ISTE ; Wiley,
2017.
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Series: | Innovation, entrepreneurship and management series.
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Subjects: | |
Online Access: | Connect to this title online (unlimited simultaneous users allowed; 325 uses per year) |
Table of Contents:
- Machine generated contents note: ch. 1 Rationale of the System and the Diversity of the Forms of Protection
- 1.1. Going back to the origins and goals of intellectual property law
- 1.1.1. Some historical points of reference
- 1.1.2. Some market failures that must be addressed
- 1.2. formal tools of intellectual property law
- 1.2.1. Patents
- 1.2.2. Trademarks
- 1.2.3. Industrial design right
- 1.2.4. Other technological creations (utility patents, plant variety rights, etc.)
- 1.2.5. Copyright and neighboring rights
- 1.3. Informal means of protection
- 1.3.1. Trade secrets
- 1.3.2. Lead time
- 1.3.3. control of complementary assets
- 1.3.4. Design complexity
- ch. 2 How Companies Choose these Tools
- 2.1. factors behind the choice to use these different tools
- 2.1.1. Differences according to the country considered
- 2.1.2. Differences according to the size of the company
- 2.1.3. Differences according to the stage in the innovation process
- 2.1.4. Differences according to the type of innovation (process or product)
- 2.1.5. Another key factor: the types of market or technology considered
- 2.1.6. Marked preferences in relation to the sectors as well
- 2.2. microeconomic effectiveness of protection
- 2.2.1. Which contribution is made to performances in terms of innovation?
- 2.2.2. Which links are there between patents and R&D profitability?
- 2.2.3. What is the value of patents? Between cost-benefit calculations and lottery logic
- ch. 3 How Effective is the System in Terms of Social Welfare? The Dimensions of the Problem
- 3.1. Intellectual property rights as a second-best solution
- 3.1.1. blend of dynamic efficiency and static inefficiency
- 3.1.2. right to try to exclude rather than a guarantee of monopoly
- 3.2. Looking for an effective patent
- 3.2.1. Which is the optimal term for patents and copyright?
- 3.2.2. Which is the optimal breadth of patents?
- 3.2.3. Which is the optimal height for patents? The issue of the patentability criteria
- 3.3. Several possibilities to best configure rights according to the general interest
- 3.3.1. Patents: a disclosure requirement that favors the diffusion of knowledge
- 3.3.2. role of filter played by courts and by opposition and reexamination proceedings
- 3.3.3. Licensing and the interaction with competition policy
- 3.3.4. regime of exceptions: the case of research exemption and fair use
- 3.3.5. cost involved in obtaining and maintaining patent rights
- ch. 4 How Companies Use Intellectual Property
- 4.1. Defensive strategy
- 4.2. Licensing strategy
- 4.3. Cooperative strategy
- 4.3.1. Intellectual property, between currency and a form of sharing
- 4.3.2. Patents as signaling tools, especially in relation to finance
- 4.4. Movement strategy
- ch. 5 What is the Contribution Made to Emerging Forms of Innovation?
- 5.1. challenges of the digital world and the new forms of innovation
- 5.1.1. issues related to open-innovation practices
- 5.1.2. requirements of innovation through reutilization and collective networked innovation
- 5.1.3. digital revolution and the growing role of user-driven innovation and Big Data
- 5.1.4. Risks of mass counterfeiting linked to the development of 3D printing
- 5.2. risk of adverse effects in the recent development of the patent system
- 5.2.1. Is an increasing number of patents stifling innovation in some sectors?
- 5.2.2. Problems encountered mostly by sectors based on incremental innovation
- 5.3. Two emblematic cases of considerable tension: biotechnologies and the software industry
- 5.3.1. Biotech: what kind of access to genetic resources and research tools?
- 5.3.2. software industry: what kind of balance between copyright and patents?
- 5.3.3. What is the role of open-source software?
- ch. 6 Main Trends of Intellectual Property Regimes
- 6.1. reinforcement trend deriving mostly from America
- 6.2. trend which is also present in Europe and Japan
- 6.3. Which multilateral framework should we consider, especially in relation to the needs of developing countries?
- 6.4. reinforced copyright regime as well
- ch. 7 System that is the Victim of its own Success or an Anomaly that should be Remedied?
- 7.1. escalation of trademarks, industrial design rights, copyright, counterfeiting and piracy
- 7.2. multiplication of patents of mixed quality and occasionally with vague outlines
- 7.3. Increased pressure on the judicial system
- 7.3.1. Patent-related disputes: frequency and costs that vary according to the sectors
- 7.3.2. emergence of patent trolls
- 7.4. new reform movement from the United States: the backlash?
- 7.4.1. Correcting the scope of patentability
- 7.4.2. Restoring the patent examination procedure and introducing a filter on copyright
- 7.4.3. Avoiding some excesses linked to disputes or blocking positions
- ch. 8 Overall Assessment and Conclusion
- 8.1. possible lever for the countries' economic growth through the incentive to innovate
- 8.1.1. Some historical lessons
- 8.1.2. diagnosis that remains contrasted and not sufficiently substantiated
- 8.2. key factor for technology transfer and the dissemination of knowledge
- 8.2.1. Promoting technology transfer through transnational companies
- 8.2.2. key tool for the regulation of knowledge flows
- 8.2.3. key tool for the commercialisation of public research results
- 8.3. joint evolution on a sectorial level as well
- 8.3.1. case of semiconductors and software
- 8.3.2. Examples of past and present disruptive technologies
- 8.4. Status quo, reform or abolition?
- 8.4.1. net benefit or a net cost for the economy and society as a whole?
- 8.4.2. Reforming rather than abolishing
- 8.4.3. relation between innovation and the strength of rights: an inverted U-shape?.