Innovation for the 21st Century

by Michael A. Carrier

Overview

In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century seeks to reverse this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. Michael A. Carrier illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. He also dips into a rich business literature to import ideas on "disruptive innovation" and "user innovation." And he replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators.

Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law provides a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation.

Product Details

ISBN-13:	9780199794287
Publisher:	Oxford University Press
Publication date:	02/04/2011
Edition description:	New Edition
Pages:	416
Product dimensions:	6.10(w) x 9.10(h) x 1.00(d)

About the Author

Michael A. Carrier is a Professor of Law at Rutgers University School of Law - Camden. He has published and spoken widely on the antitrust and intellectual property laws, and is one of the leading authorities in the country on the intersection of these laws. Professor Carrier's work has appeared in the Stanford Law Review, University of Pennsylvania Law Review, Duke Law Journal, Vanderbilt Law Review, and Minnesota Law Review, and he is the editor of the forthcoming volume, Critical Concepts in Intellectual Property Law: Competition . Before entering academia, he clerked for the Honorable John D. Butzner, Jr. on the U.S. Court of Appeals for the Fourth Circuit, and practiced antitrust, intellectual property, and sports law at Covington & Burling, in Washington, D.C. Professor Carrier is a summa cum laude graduate of Yale University and a cum laude graduate of Michigan Law School, where he was Book Review Editor of the Michigan Law Review .

Table of Contents

Introduction
Part I: Primer
Chapter 1. Innovation
Chapter 2. Intellectual Property
Chapter 3. Antitrust
Chapter 4. IP-Antitrust Intersection: 20th Century
Chapter 5. IP-Antitrust Intersection: 21st Century
Part II: Copyright
Chapter 6. Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies
Chapter 7. Damaging Copyright Damages
Chapter 8. The Digital Millennium Copyright Act: From Pirates to User Innovators
Part III: Patent
Chapter 9. Better Patents: A Post-Grant Opposition Procedure
Chapter 10. Less Dangerous Patents: A Framework for Relief
Chapter 11. Biotechnology Dilemma 1: Patented Research Tools
Chapter 12. Biotechnology Dilemma 2: Material Transfer Agreements
Part IV: Antitrust
Chapter 13. Innovation Markets: Saving Lives and Money in the Pharmaceutical Industry
Chapter 14. Supporting Standard-Setting Organizations
Chapter 15. Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality
Conclusion

Editorial Reviews

"Michael Carrier's Innovation for the 21st Century is sure to be an influential book in the area of intellectual property and competition policy. Carrier does an excellent job of summarizing the problems of IP and proposes workable solutions that come from both competition law and the IP laws themselves. Unlike many of the books and articles that fault the patent system in particular, but offer little in the way of a solution, Carrier asserts strong, creative ideas for reform. He offers ten specific proposals in the areas of antitrust, patents and copyright to make the competition policy/intellectual property system encourage innovation. This book will give law makers, judges, academics, students and all readers interested in innovation and competition policy a great deal to think about."
—Herbert Hovenkamp,
The University of Iowa College of Law

"Michael Carrier's new book is an innovation in itself. Many scholars write about antitrust, or patent, or copyright law, each one an area of specialization. What Carrier does is to combine these three fields to create a fourth-innovation law and policy. To do this, Carrier not only lucidly describes each of these three fields but, drawing on current social science theory, shows how legal doctrines in each of these fields should be interpreted to promote innovation in our economy. His conclusions will be of great interest not only to lawyers trying to solve current legal problems but also to policy makers concerned with providing the correct incentives for innovation."
—Harry First,
New York University School of Law

"Innovation drives our industry, attracts the best talent, and wins fame and fortune for its leaders. Patents, copyrights, and trademarks were created to protect intellectual property and encourage innovation. In this book Professor Michael Carrier elegantly connects innovation to these legal concepts and introduces creative suggestions for improvements. The very laws that were created to protect and foster innovation are in many cases having the opposite effect. Carrier explains why and how to better promote innovation in the 21st century."
—Don Dodge,
Microsoft Corporation

"[Innovation for the 21st Century] is impressive and worth including in your antitrust/intellectual property/innovation policy library. The book tackles the difficult task of reconciling intellectual property law and antitrust law. Professor Carrier's achievement is a remarkable one."
—Shubha Ghosh,
University of Wisconsin Law School

"I want to join the rest of the participants in [the virtual symposium on Innovation for the 21st Century] congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property."
—Josh Wright,
George Mason University School of Law

"Provides an excellent primer on antitrust, IP, and innovation. [Carrier] synthesizes the legal and economic foundations, contours, and controversies in an accessible fashion. I applaud him for doing this because frankly, it is tough to do given that the fields are quite technical and specialized. The book really is appropriate for a general audience."
—Brett Frischmann,
Loyola University Chicago School of Law

"Michael A. Carrier doesn't look radical. The intense Rutgers Law School professor seems every bit an ex-Washington corporate lawyer, federal appeals court clerk, and Yale and Michigan Law honors graduate. But his proposals for business-competition law and policy have the potential to shake Big Pharma and telecom companies, including some of Philadelphia's major employers, right down to their patented, copyrighted, and Washington-regulated foundations."
—Joseph N. DiStefano,
Philadelphia Inquirer

"Carrier explains in very clear language with a lot of good examples what the problems are regarding patents, trademarks, and copyrights, [and] he comes up with ingenious, concrete, and concise answers. Maybe some of Carrier's lessons will be taken into account for the next amendment [to China's patent law]."
—IP Dragon

"The Pirate Bay judgment (and the discussion in Europe as far as I know) lacks perspective on peer-to-peer networks and innovation. Perhaps the Svea Court of Appeal (Sweden) will reverse this decision, if the judges read professor Michael A. Carrier's excellent new book Innovation For the 21st Century."
— Mats Bjorkenfeldt,
IPKat

"This is an impressive work. Its synthesis of three complex legal regimes — patent, copyright, and antitrust — with a clear focus on their instrumental role in facilitating or frustrating innovation is a major accomplishment...the book correctly and forcefully frames the legal and policy issues...Professor Carrier has produced a timely and important book."
—Peter Carstensen, University of Wisconsin Law School
The Antitrust Bulletin: Vol. 56, No. 1/Spring 2011

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