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Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
The researchers in this study examine the issue of reforming intellectual property rights systems in developing countries through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The study is divided into seven main parts that discuss the nature of intellectual property rights and protection needs within the framework of TRIPS' main provisions and goals. The study also reviews the various types of intellectual property rights systems and the costs of implementing different levels of protection. This comes in addition to the benefits and economic effects of protection, as well as general policies related to intellectual property rights. In this study, the researchers sought to analyze - on one hand - the potential costs of intellectual property rights protection over the short term. On the other hand, they tried to analyze the long-term benefits, such as access to foreign direct investment, technology transfer, and growth, that might go down the drain if developing countries resist intellectual property rights protection.
This report argues that reforms of the U.S. patent system have suceeded in limiting the competition of ideas, discouraging innovation, and ultimately reducing U.S. competitiveness.
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
This paper describes changes to the environment in which developing countries make decisions with respect to IPRs, including changes brought about by the intensification of world trade in technology-dependent goods and services, and changes brought about by the evolution of technologies. It is suggested that innovation has become a more important factor for developing country economies, and that the enhancement of IPRs-related infrastructure has therefore taken on added significance for these economies, IPRs-related infrastructures that are best suited to developing country economies may be different to those that are best suited to industrialized country economies, and the authors offer a number of strategic options for developing countries. International institutions such as the World Bank may play an important role in enhancing the capacity of developing countries to take advantage of innovative activity in the industrialized countries, as well in promoting local innovation. These institutions may play the role of honest broker among countries and groups with different technology-related interests, they may create training programs for technical administrative personnel and judges, they may facilitate improvements in educational institutions that encourage innovative activity, and they may also take a lead role in advanced research on the role of IPRs in international economic development.
This article examines three critical, interrelated challenges for reforming legal protection for computer software: (1) analyzing the market failures that might justify government intervention to define (or alter) the legal entitlements granted for software innovations; (2) predicting the likely path of computer technology; and (3) anticipating and navigating potential impediments to legislative reform of legal protection for software. It warns that patent protection for computer software poses serious potential problems and should be addressed before powerful economic interests vest in large software patent portfolios.