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This text reports and discusses the results of a three year long empirical, legal and philosophical investigation into the ownership and exploitation of intellectual property rights by universities in the UK, the USA and Australia. It reviews and compares the intellectual property regimes and academic traditions within which these universities operate, and evaluates the differing policy approaches which these institutions have adopted to the ownership and exploitation of intellectual property created under their auspices. It concludes with a consideration of desirable alternative approaches that might be adopted to these matters in the future.
This book brings together all those rules of intellectual property in a practical format.
Intellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: • the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' • proposed reforms to the Copyright Act • the High Court's consideration of trademarks in various contexts • recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.
The traditional role of the university has been to teach and conduct original research, but this situation is changing. As governments judge universities on new criteria - including the 'impact' they have - and as universities are driven to search for finance from new sources, those that run universities are increasingly looking to exploit the intellectual property created by their researchers to help deliver this impact and income. How this should be done, and whether it should be done at all, is subject to much debate. The key issues are: - What constitutes intellectual property? - Do academics or universities own IP? - Does the commercialisation of IP impact academic freedom? - How can IP best be exploited and who should be financially rewarded when it is? - What assistance can governments and other bodies provide? This book investigates these issues. After a review of how the current situation came to be, the views and experiences of a range of experts are presented, including those of a former high court judge, a senior lawyer, a patent attorney and professionals involved in technology transfer. The contributors examine whether the roles of higher education institutions have changed, what academics and universities should be doing, and how technology transfer can be made more effective and efficient. To conclude, a provocative look at the ethics of the situation is presented.
Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This collection brings together contributions from some of the most distinquished scholars in this exciting and controversial field, covering the full extent of intellectual property laws, that is, patents, copyright, trade marks and related rights. the contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face.
Thirty years ago federal policy underwent a major change through the Bayh-Dole Act of 1980, which fostered greater uniformity in the way research agencies treat inventions arising from the work they sponsor. Before the Act, if government agencies funded university research, the funding agency retained ownership of the knowledge and technologies that resulted. However, very little federally funded research was actually commercialized. As a result of the Act's passage, patenting and licensing activity from such research has accelerated. Although the system created by the Act has remained stable, it has generated debate about whether it might impede other forms of knowledge transfer. Concerns have also arisen that universities might prioritize commercialization at the expense of their traditional mission to pursue fundamental knowledge--for example, by steering research away from curiosity-driven topics toward applications that could yield financial returns. To address these concerns, the National Research Council convened a committee of experts from universities, industry, foundations, and similar organizations, as well as scholars of the subject, to review experience and evidence of the technology transfer system's effects and to recommend improvements. The present volume summarizes the committee's principal findings and recommendations.
There are two traditional views of the role of intellectual property (IP) within the field of innovation management: in innovation management research, as an indicator or proxy for innovation inputs or outputs, e.g. patents or licensing income; or in innovation management practice, as a means of protecting knowledge. Exploiting Intellectual Property to Promote Innovation and Create Value argues that whilst both of these perspectives are useful, neither capture the full potential contribution of intellectual property in innovation management research and practice. The management of IP has become a central challenge in current strategies of Open Innovation and Business Model Innovation, but there is relatively little empirical work available. Theoretical arguments and empirical research suggest that from both an innovation policy and management perspective, the challenge is to use IP to encourage risk-taking and innovation, and that a broader repertoire of strategies is necessary to create and capture the economic and social benefits of innovation. This book identifies how intellectual property can be harnessed to create and capture value through exploiting new opportunities for innovation. It is organized around three related themes: public policies for IP; firm strategies for IP; and creating value from IP, and offers insights from the latest research on IP strategies and practices to create and capture the economic and social benefits of innovation. Contents: Introduction (Joe Tidd) Public Policies for Intellectual Property: Appropriation and Appropriability in Open Source Software (Linus Dahlander) Formal Institutional Contexts as Ownership of Intellectual Property Rights and Their Implications for the Organization of Commercialization of Innovations at Universities — Comparative Data from Sweden and the United Kingdom (Peter Lindelöf) Open for Business: Universities, Entrepreneurial Academics and Open Innovation (Allen T Alexander, Kristel Miller and Sean Fielding) Repurposing Pharmaceuticals: Does United States Intellectual Property Law and Regulatory Policy Assign Sufficient Value to New Use Patents? (Thomas A Hemphill) Firm Strategies for Intellectual Property: Differences and Similarities Between Patents, Registered Designs and Copyrights: Empirical Evidence from the Netherlands (Mischa C Mol and Enno Masurel) Imitation Through Technology Licensing: Strategic Implications for Smaller Firms (Julian Lowe and Peter Taylor) Firm Patent Strategies in US Technology Standards Development (Thomas A Hemphill) What's Small Size Got to Do with It? Protection of Intellectual Assets in SMEs (Heidi Olander, Pia Hurmelinna-Laukkanen and Jukka Mahonen) Knowledge and Intellectual Property Management in Customer-Supplier Relationships (Jaakko Paasi, Tuija Luoma and Katri Valkokari and Nari Lee) More than One Decade of Viagra: What Lessons can be Learned from Intellectual Property Rights in the Erectile Dysfunction Market? (Cássia Rita Pereira Da Veiga, Claudimar Pereira Da Veiga, Jansen Maia Del Corso, Eduardo Winter and Wesley Vieira Da Silva) Creating Value from Intellectual Property: Intellectual Capital, Innovation and Performance: Empirical Evidence from SMEs (Karl-Heinz Leitner) Intellectual Property Appropriation Strategy and Its Impact on Innovation Performance (Sairah Hussain and Mile Terziovski) The Role of Patent, Citation and Objection Stocks in the Productivity Analysis of R&D — Using Japanese Company Data (Yasuyuki Ishii) Host Location Knowledge Sourcing and Subsidiary Innovative Performance: Examining the Moderating Role of Alterna

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