Global dimensions of intellectual property rights in science and technology / Office of International Affairs, National Research Council ; edited by Mitchel B. Wallerstein, Mary Ellen Mogee, Roberta A. Schoen.

Format:

Book

Author/Creator:

National Research Council Staff, Corporate Author.

Contributor:

Wallerstein, Mitchel B.

Mogee, Mary Ellen.

Schoen, Roberta A.

National Academy of Sciences (U.S.)

National Research Council (U.S.). Office of International Affairs.

Language:

English

Subjects (All):

Intellectual property--Congresses.

Intellectual property.

Technology and law--Congresses.

Technology and law.

Physical Description:

xii, 442 p.

Edition:

1st ed.

Place of Publication:

Washington, DC : National Academy Press, 1993.

Language Note:

English

Summary:

As technological developments multiply around the globe--even as the patenting of human genes comes under serious discussion--nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnology--areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Contents:

GLOBAL DIMENSIONS OF INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY

Copyright

Preface

REFERENCE

Contents

I Introduction

1 The Global Dimensions of Intellectual Property Rights in Science and Technology

MAJOR SCIENTIFIC AND TECHNOLOGICAL TRENDS

EXAMPLES OF EMERGING TECHNOLOGIES

Computer Software

Semiconductor Chips

The New Biotechnology

INTERNATIONAL INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

POLICY THEMES AND QUESTIONS

Fundamental Trade-offs

Policy Vision

Intellectual Property Rights as a Trade Issue

Interactions with Other Policies

ORGANIZATION OF THE VOLUME

REFERENCES

2 Intellectual Property Institutions and the Panda's Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and…

INTELLECTUAL PROPERTY ISSUES, ECONOMICS, AND HISTORY

KNOWLEDGE, PUBLIC POLICY ECONOMICS, AND INTELLECTUAL PROPERTY

Information, Public Goods, and Competitive Market Failures

Imperfect Institutional Solutions and Trade-offs

The Intellectual Property System

Trade-offs in Organizing Knowledge Production

Optimizing Intellectual Property Protection: Issues of Length and Breadth

Length of Protection

Breadth of Protection

INTELLECTUAL PROPERTY LAW AND SOME LEGACIES OF HISTORY

Patents

Encouraging Technology Transfer

Protecting Intellectual Property

Creating a U.S. Patent System

Copyrights

CONCLUDING OBSERVATIONS

ACKNOWLEDGMENTS

II The Case For and Against a Uniform Worldwide Intellectual Property Rights System

Introduction

3 Why a Uniform Intellectual Property System Makes Sense for the World

A UNIFORM SYSTEM: WHAT IT IS AND IS NOT

BENEFITS FOR NATIONS AND THE GLOBAL ECONOMY

A Subject Little Studied

Research Findings From Interviews

What Does Free Riding Accomplish?

Pent-up Demand

Diffusion of Benefits.

Global Benefits

REBUTTALS

Ethics

Dominance

Economics

Prowess First, Then Protection

TRENDS TOWARD HIGH-STIMULATION SYSTEMS

INSTALLING A UNIFORM, HIGH-STIMULATION SYSTEM

CONCLUSION

4 Harmonization Versus Differentiation in Intellectual Property Right Regimes

NATIONAL INTEREST AND INTELLECTUAL PROPERTY RIGHT REGIMES

CASE FOR DIFFERENTIATION OF INTELLECTUAL PROPERTY RIGHT REGIMES

To Protect or Not to Protect

Specifics of Patenting

Levels of Enforcement

OPEN-ECONOMY CONSIDERATIONS

CONCLUDING REMARKS: A GLOBAL WELFARE PERSPECTIVE

5 Unauthorized Use of Intellectual Property: Effects on Investment, Technology Transfer, and Innovation

I. INTRODUCTION

II. RATIONALE FOR THE PATENT SYSTEM

III. CHANGING POLITICAL ECONOMY OF THE PATENT SYSTEM: EFFECTS ON ECONOMIC DEVELOPMENT

IV. INTELLECTUAL PROPERTY RIGHTS: INDUSTRIALIZED VERSUS DEVELOPING COUNTRIES

V. EFFECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION ON THE TRANSFER OF TECHNOLOGY VIA FOREIGN DIRE ...

VI. INTELLECTUAL PROPERTY RIGHTS PROTECTION AND DIRECT FOREIGN INVESTMENT

VII. INTELLECTUAL PROPERTY RIGHTS PROTECTION AND JOINT VENTURES

VIII. INTELLECTUAL PROPERTY RIGHTS PROTECTION AND TECHNOLOGY TRANSFER TO SUBSIDIARIES

IX. INTELLECTUAL PROPERTY RIGHTS PROTECTION AND LICENSING OF TECHNOLOGY

X. COMPARISON OF VARIOUS MEASURES OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

XI. COMPARISONS WITH OTHER RANKINGS OF COUNTRIES

XII. COMPARISONS WITH FINDINGS OF THE INTERNATIONAL TRADE COMMISSION

XIII. REASONS INTELLECTUAL PROPERTY RIGHTS PROTECTION IN SOME COUNTRIESIS REGARDED AS INADEQUATE

XIV. FACTORS RESPONSIBLE FOR INTERINDUSTRY VARIATION IN THE EVALUATION OF PROTECTION IN PARTICULAR C ...

XV. A SIMPLE STATISTICAL ANALYSIS BASED ON COUNTRY DATA

XVI. A MORE DISAGGREGATED STATISTICAL ANALYSIS.

XVII. INTELLECTUAL PROPERTY RIGHTS PROTECTION AND COMPOSITION OF DIRECT FOREIGN INVESTMENT

XVIII. EFFECTS OF UNAUTHORIZED USE OF INTELLECTUAL PROPERTY ON SALE SAND PROFITS OF U.S. FIRMS

XIX. EFFECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION ON THE RATE OF TECHNOLOGICAL INNOVATION

XX. NEEDED RESEARCH ON THE EFFECTS OF STRONGER INTELLECTUAL PROPERTY PROTECTION ON TECHNOLOGICAL CHA ...

XXI. NEEDED RESEARCH ON EFFECTS OF STRONGER INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES ...

XXII. CONCLUSIONS

Discussion

III National and International Approaches to Intellectual Property Rights

6 Comparative National Approaches to Intellectual Property Rights

JAPAN

THE EUROPEAN COMMUNITY

INDIA

CHARACTERISTICS

Exclusions from Patentability

Rights Conferred

Burden of Proof

Compulsory Licensing

Term of Protection

RATIONALE

RELEVANCE

THE URUGUAY ROUND

THE NEWLY INDUSTRIALIZING ECONOMIES

RECENT IPR REFORMS IN NEWLY INDUSTRIALIZING ECONOMIES

THE FORCES BEHIND IPR REFORMS IN THE NEWLY INDUSTRIALIZING ECONOMIES

FINAL REMARKS

7 Update on International Negotiations on Intellectual Property Rights

GENERAL COMMENTS

NEGOTIATIONS ON TRADE RELATED ASPECTS OF INTERNATIONAL PROPERTY RIGHTS1

Copyright and Related Rights

Semiconductor Layout Designs

Trade Secrets

Enforcement of Intellectual Property Rights

Transitional Periods Before Parties Must Adhere to the Entire TRIPS Agreement

WORLD INTELLECTUAL PROPERTY ORGANIZATION DISCUSSIONS

Patent Law Harmonization Treaty

Trademark Law Harmonization Treaty

Possible Protocol to the Berne Convention

Settlement of Intellectual Property Disputes Between States

Discussion.

IV Scientific and Technological Advance and Its Impact on the Role of Intellectual Property Rights

8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems

INTRODUCTION

THREE SELECTED TRENDS

Trend One-More Surprises from Science

Trend Two-Proliferation and Globalization of Research

Trend Three-Short, Quick Steps at a Premium

TWO GENERAL PRINCIPLES

Principle One: Change Will Be Constant, So Keep Intellectual Property Flexible

Principle Two: Activity Will Be Global, So Make Intellectual Property Global

OBSERVATIONS

As Ideology Fades, Technology Will Drive Development

As Economies Open, Invention Will Flourish

As Research Grows, Everyone Will Benefit

ACKNOWLEDGMENT

9 Sectoral Views

THE RESEARCH UNIVERSITY

THE FEDERAL GOVERNMENT

U.S. INDUSTRY

10 Intellectual Property Rights and Competitive Strategy

A MULTINATIONAL PHARMACEUTICAL FIRM

A MULTINATIONAL ELECTRONICS FIRM

THE MEXICAN SOFTWARE INDUSTRY

A MULTINATIONAL TELECOMMUNICATIONS FIRM

EVOLUTION

THE MODERN ERA

GLOBAL SCIENCE AND TECHNOLOGY TRENDS AND EFFECTIVENESS OF INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS AND COMPETITIVE STRATEGY

V Adapting Intellectual Property Rights to New Technologies

FUNDAMENTAL ISSUES

EXISTING INTELLECTUAL PROPERTY PARADIGMS

SUI GENERIS APPROACHES

INTERNATIONAL ADAPTATION

SMALL BUSINESS

NEED FOR POLICY ANALYSIS

ORGANIZATION OF THE SECTION

11 Adapting the Intellectual Property System to New Technologies

THREE PARADIGM TECHNOLOGIES

Biotechnology

Special Issues

Outline of Solutions, Thus Far

Computer Programs

Solutions, Thus Far

Integrated Information Networks

Adaptations, Thus Far.

EVALUATION: DOCTRINAL ISSUES

Case Law Processes

The Alternative: Sui Generis Approaches

Summary

EVALUATION: THE RIGHTS-GRANTING PROCESS

EVALUATION: THE RIGHTS-ENFORCING PROCESS

Judicial Enforcement

Informal Approaches

OVERALL IMPLICATIONS

Ability of the System to Adapt to Increasing Innovation Rates

Specific Doctrinal Implications of the Three Examples

Broader Implications

12 A Case Study on Computer Programs

HISTORICAL OVERVIEW

Phase 1: The 1950s and Early 1960s

Phase 2: Mid-1960s and 1970s

Phase 3: The 1980s

CURRENT LEGAL APPROACHES IN THE UNITED STATES

What's Not Controversial

Controversies Arising From Whelan v. Jaslow

Traditionalist Versus Strong Protectionist View of What Copyright Law Does and Does Not Protect in C ...

Controversy Over "Software Patents

Nature of Computer Programs and Exploration of a Modified Copyright Approach

INTERNATIONAL PERSPECTIVES

Europe

Japan

Other Nations

FUTURE CHALLENGES

Advanced Software Systems

Digital Media

Networks

Patents and Information Infrastructure of the Future

Conflicts Between Information Haves and Have-Nots on an International Scale

13 Biotechnology Case Study

14 Semiconductor Chip Protection as a Case Study

DEFINING THE TECHNOLOGY

PROTECTION-SCOPE AND LIMITATIONS

INTERNATIONALIZING PROTECTION

CONCLUSIONS

15 Optoelectronics

PROTECTION OF PROPRIETARY INFORMATION

PROTECTION OF PATENTS

PROTECTION OF PROPRIETARY INFORMATION: AT&amp

T VERSUS LYTEL

RECOMMENDATION ON PROPRIETARY INFORMATION

PROTECTION OF PATENTS: SPECTRA PHYSICS VERSUS COHERENT RADIATION

RECOMMENDATION ON PATENTS

SUMMARY

VI Global Intellectual Property Rights Issues in Perspective

Introduction.

16 Global Intellectual Property Rights Issues in Perspective: A Concluding Panel Discussion.

Notes:

"Based ... on the proceedings of the conference ... held at the National Academy of Sciences on January 8-9, 1992"--P. vii.

Includes bibliographical references and index.

ISBN:

9786610196616

9781280196614

1280196610

9780309596206

0309596203

9780585028231

0585028230

OCLC:

923263841