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Expanding the Boundaries of Intellectual Property
Innovation Policy for the Knowledge Society
Edited by Rochelle Dreyfuss, Diane L. Zimmerman, and Harry First
492 pages
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9 graphs
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234x156mm
978-0-19-829857-1
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Hardback
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29 March 2001
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- International perspective: written by judges and leading academics from the US and Europe
- Focus on intellectual property rights as a whole: with the emphasis on the common theoretical underpinnings of copyright, patent and related rights (trade secrets, contract rights)
- Identification of expanding rights as a trend that has important and novel pro- and anti-competitive implications
This book focuses on the question of how much control innovators should be given over their works. The first parts examine the trend to increase control: first, by expanding the scope of intellectual property rights to add new subject matter; secondly, through increasing transactional autonomy. The former issue represents the key concerns of the intellectual property community; the latter issue is currently before both state and national legislatures.
The question that these groups are debating is the subject of the next part: whether strong intellectual property rights, coupled
with a high degree of transactional autonomy, promote innovation or chill interchange. One view is that the current legal regime should not be altered because it represents the right balance between the needs of information producers and the requirements of users. The contrary view is that stronger rights would allow potential collaborators to find one another, bargain for beneficial exchanges, and reallocate rights. The final sections explore the bases in constitutions, laws, and treaties for protecting the public domain. Four judges from the US federal courts and the UK high court then debate the practicalities of the frameworks proposed.Readership: Academics, practitioners, students, and policymakers
specializing in innovation theory, intellectual property law, economics, business, and management; reference libraries.
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Edited by Rochelle Dreyfuss, Professor of Law, former Director, Engelberg Center on Innovation Law and Policy, Diane L. Zimmerman, Samuel Tilden Professor of Law, New York University School of Law, and Harry First, Professor of Law, New York University School of Law Contributors:
Benkler, Yochai , Assistant Professor of Law, New York University Law School
Dam, Kenneth W, Max Pam Professor of American and Foreign Law, University of Chicago Law School
DeSanti, Susan, Director of Policy Planning, the Federal Trade Commission (with William Cohen, Nancy Dickinson, and Michael
Fanelli)
Dreier, Thomas, Senior Researcher, Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law, Munich
Easterbrook, Frank H, U.S. Court of Appeals for the Seventh Circuit
Eisenberg, Rebecca S, Professor of Law, University of Michigan Law School
Elkin-Koren, Niva, Haifa University Law School
Ginsburg, Jane C, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia University Law School
Hugenholtz, Bernt, Professor of Law, University of Amsterdam, Institute for Information Law
Jacob, Sir Robin, UK High Court
Lincoff, Bennett M, former Director of Legal Affairs for New Media for the American Society of Composers, Authors, and Publishers
(ASCAP)
Merges, Robert P, Wilson, Sonsini, Goodrich & Rosati Distinguished Professor in Law and Technology, Boalt School of Law, University of California at Berkeley
Newman, John, U.S. Court of Appeals for the Second Circuit
Powell, Walter W, Professor of Sociology and Director of the Social and Behavioral Sciences Research Institute, University of Arizona
Reichman, Jerome H, Professor of Law, Vanderbilt University Law School
Scherer, FM, Aetna Professor of Public Policy and Corporate Management, John F. Kennedy School of Government, Harvard University
Shapiro, Carl, Transamerica Professor of Business Strategy, Haas School of Business, University of California at Berkeley
Ullrich, Hanns, Professor of Law,
Universitat der Bundesweh
Wood, Diane P, U.S. Court of Appeals for the Seventh Circuit
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"The book teems with fresh ideas and perspectives ... provides much needed stimulus for other writers and researchers to race towards comprehensive solutions." - European Intellectual Property Review
"Clearly written ... carefully constructed arguments ... high quality writing pervades virtually the whole book ... There are many volumes that deal with the knowledge economy; few however present such a wide and challenging selection of ideas ... thought provoking insight into the future of intellectual property ... the book's overall strength lies in its ability to open new insights into this important legal area." - Journal of Information Law and Technology
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PART I: EXPANDING THE PRIVATE DOMAIN
1: F.M. Scherer: The Innovation Lottery
2: Jerome H. Reichman: Of Green Tulips and Legal Kudzu: Repackaging Rights in Subpatentable Innovation
3: Jane C. Ginsburg: U.S. Initiatives to Protect Works of Low Authorship
PART II: THE GROWTH OF PRIVATE ORDERING REGIMES
4: Carl Shapiro: Setting Compatibility Standards: Cooperation or Collusion?
5: Kenneth W. Dam: Self-Help in the Digital Jungle
6: Robert P. Merges: Institutions for Intellectual Property Transactions: The Case of Patent Pools
7: Bennett M. Lincoff: A Plan for the Future of Music Performance Rights Organizations in the Digital Age
PART III: THE CLAIMS OF THE PUBLIC DOMAIN
8: Niva Elkin-Koren: A Public-Regarding Approach to Contracting Over Copyrights
9: Rebecca S. Eisenberg: Bargaining over the Transfer of Proprietary Research Tools: Is this Market Failing or Emerging?
10: Walter W. Powell: Networks of Learning in Biotechnology: Opportunities and Constraints Associated with Relational Contracting in a Knowledge-Intensive Field
11: Yochai Benkler: A Political Economy of the Public Domain: Markets in Information Goods vs. the Marketplace of Ideas
PART IV: IMPLEMENTING INNOVATION POLICY FOR THE INFORMATION AGE
12: Thomas Dreier: Balancing Proprietary and Public Domain Interests: Inside or Outside of Proprietary Rights?
13: Susan DeSanti (with William Cohen, Nancy Dickinson, and Michael Fanelli): Competition to Innovate: Strategies for Proper Antitrust Assessments
14: Bernt Hugenholtz: Copyright and Freedom of Expression in Europe
15: Hanns Ullrich: Intellectual Property, Access to Information and Antitrust: Harmony, Disharmony and International Harmonization
PART V: VIEWS FROM THE BENCH
16: Frank H. Easterbrook: Who Decides the Extent of Rights in Intellectual Property?
17: Sir Robin Jacob: Expanding the Bounds of Intellectual Property
18: John Newman: Views from the Bench
19: Diane P. Wood: Intellectual Property in the Courts: The Role of the Judge
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