Intellectual Property and Innovation Protection : New Practices and New Policy Issues.

Cover -- Half-Title Page -- Title Page -- Copyright Page -- Contents -- Introduction -- 1. The 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. The 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. The control of complementary assets -- 1.3.4. Design complexity -- 2. How Companies Choose these Tools -- 2.1. The 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. The 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&amp -- D profitability? -- 2.2.3. What is the value of patents? Between cost-benefit calculations and lottery logic -- 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. A blend of dynamic efficiency and static inefficiency -- 3.1.2. A 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. The 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. The regime of exceptions: the case of research exemption and fair use -- 3.3.5. The cost involved in obtaining and maintaining patent rights -- 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 -- 5. What is the Contribution Made to Emerging Forms of Innovation? -- 5.1. The challenges of the digital world and the new forms of innovation -- 5.1.1. The issues related to open-innovation practices -- 5.1.2. The requirements of innovation through reutilization and collective networked innovation -- 5.1.3. The 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. The 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. The software industry: what kind of balance between copyright and patents? -- 5.3.3. What is the role of open-source software? -- 6. The Main Trends of Intellectual Property Regimes -- 6.1. A reinforcement trend deriving mostly from America -- 6.2. A 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. A reinforced copyright regime as well -- 7. A System that is the Victim of its own Success or an Anomaly that should be Remedied? -- 7.1. The escalation of trademarks, industrial design rights, copyright, counterfeiting and piracy -- 7.2. A 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. The emergence of patent trolls -- 7.4. A 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 -- 8. Overall Assessment and Conclusion -- 8.1. A possible lever for the countries' economic growth through the incentive to innovate -- 8.1.1. Some historical lessons -- 8.1.2. A diagnosis that remains contrasted and not sufficiently substantiated -- 8.2. A key factor for technology transfer and the dissemination of knowledge -- 8.2.1. Promoting technology transfer through transnational companies -- 8.2.2. A key tool for the regulation of knowledge flows -- 8.2.3. A key tool for the commercialisation of public research results.

8.3. A joint evolution on a sectorial level as well -- 8.3.1. The 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. A net benefit or a net cost for the economy and society as a whole? -- 8.4.2. Reforming rather than abolishing -- 8.4.3. The relation between innovation and the strength of rights: an inverted U-shape? -- Bibliography -- Index -- Other titles from iSTE in Innovation, Entrepreneurship and Management -- EULA.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.