Readership: Academics, practitioners, students, and policymakers
specializing in innovation theory, intellectual property law, economics, business, and management; reference libraries.
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
"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
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