Subjects:

Intellectual Property Law

Contents:

PART I: EXPANDING THE PRIVATE DOMAIN

1. The Innovation Lottery

2. Of Green Tulips and Legal Kudzu: Repackaging Rights in Subpatentable Innovation

3. U.S. Initiatives to Protect Works of Low Authorship

PART II: THE GROWTH OF PRIVATE ORDERING REGIMES

4. Setting Compatibility Standards: Cooperation or Collusion?

5. Self-Help in the Digital Jungle

6. Institutions for Intellectual Property Transactions: The Case of Patent Pools

7. A Plan for the Future of Music Performance Rights Organizations in the Digital Age

PART III: THE CLAIMS OF THE PUBLIC DOMAIN

8. A Public-Regarding Approach to Contracting Over Copyrights

9. Bargaining over the Transfer of Proprietary Research Tools: Is this Market Failing or Emerging?

10. Networks of Learning in Biotechnology: Opportunities and Constraints Associated with Relational Contracting in a Knowledge-Intensive Field

11. 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. Balancing Proprietary and Public Domain Interests: Inside or Outside of Proprietary Rights?

13. Competition to Innovate: Strategies for Proper Antitrust Assessments

14. Copyright and Freedom of Expression in Europe

15. Intellectual Property, Access to Information and Antitrust: Harmony, Disharmony and International Harmonization

PART V: VIEWS FROM THE BENCH

16. Who Decides the Extent of Rights in Intellectual Property?

17. Expanding the Bounds of Intellectual Property

18. Views from the Bench

19. Intellectual Property in the Courts: The Role of the Judge

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.