Pub. Date:
Elgar, Edward Publishing, Inc.
The Innovation Society and Intellectual Property

The Innovation Society and Intellectual Property


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Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.

Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed.

This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP.

Product Details

ISBN-13: 9781789902341
Publisher: Elgar, Edward Publishing, Inc.
Publication date: 09/27/2019
Series: European Intellectual Property Institutes Network Series
Pages: 328
Product dimensions: 9.25(w) x 6.12(h) x (d)

About the Author

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Anselm Kamperman Sanders, Professor of Intellectual Property Law, Director of the Advanced Masters Intellectual Property Law and Knowledge Management (IPKM) and Academic Director of the Institute for Globalisation and International Regulation (IGIR), Maastricht University, the Netherlands

Table of Contents



Part I IP Expansion: The Effect of New Intellectual Property Rights on Innovation

1. Utility models: Do they really serve national innovation?

Uma Suthersanen

2. Plant Varieties: Is UPOV 1991 a good fit for developing countries?

Mrinalini Kochupillai

3. Geographical indications and innovation, what is the connection?

Anke Moerland

Part II A Need to Limit the scope of intellectual Property?

4. Examining the public domain empirically

Kris Erickson, Martin Kretschmer and Dinusha Mendis

5. A doctrine of the public domain

Alexander Peukert

6. Free-riding on the repute on trade marks – Does protection generate innovation?

Ansgar Ohly

7. The European foreign policy for intellectual property rights enforcement

Xavier Seuba and Elena Dan

8. Revisiting the patent misuse doctrine: Its potential contribution to maintaining incentives for innovation

Daryl Lim

9. Standard-essential patents – Limiting exclusivity for the sake of innovation

Peter Picht


10. Intellectual property and open innovation in 3D printing – A different form of exclusivity

Nari Lee

11. Transformative use and user-generated content – Integrating new paradigms of creativity in copyright law

Matthias Leistner and Verena Roder-Hießerich


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